Tenant Rights During Municipal Investigations in New Brunswick

As a tenant in New Brunswick, you have legal protections during municipal investigations of your rental property. Municipal investigations typically occur when there are concerns about safety, maintenance, or by-law violations. Understanding your rights and obligations can help you feel secure, ensure fair treatment, and support a safe living environment.

What Is a Municipal Investigation?

Municipal investigations are official inspections or inquiries by local authorities, often triggered by complaints about health, safety, fire, or building code issues at your rental. These are crucial for both tenant safety and broader community welfare.

Common Reasons for Inspections

• Suspected health or safety violations (e.g., mold, lack of heat)
• Building code or zoning issues
• Concerns about fire safety equipment
• Tenant or neighbour complaints

Inspections should be conducted respectfully and typically require advance notice, except in emergencies.

Your Rights as a Tenant During an Investigation

• Right to notice: In non-emergency situations, tenants in New Brunswick must usually be given at least 24 hours’ written notice before an inspection (as per the Residential Tenancies Act ^[1]).
• Right to privacy: Your landlord or officials must respect your privacy and only enter at reasonable times, unless it’s an urgent health or safety issue.
• Right to report problems: You can directly contact your local municipal office if you believe the property is unsafe, without fear of retaliation.
• Right to safe living conditions: If investigations reveal safety risks, the landlord is required to resolve these promptly.
• Right to written results: You should be informed about the findings and actions required following an investigation.

For an overview of key tenant protections, see Tenant Rights and Landlord Rights in New Brunswick.

What Should Tenants Do if a Municipal Investigation Is Happening?

Maintain open communication with inspectors, your landlord, and keep records of all notices or requests. Here’s what you can expect, and how to handle each step:

• Receive notice of inspection (except emergencies)
• Allow access to the unit at the stated date and time
• Document inspector visits and any reported issues
• Ask for a copy of the inspection report

Key Official Forms for Tenants

1. Application for Assistance (Residential Tenancies Tribunal)

If your landlord is not repairing code violations identified in a municipal inspection, you can apply to the Residential Tenancies Tribunal (“Tribunal”). Use Form 1: Application for Assistance.

• When to use: If your landlord fails to address issues found during a municipal inspection
• How to use: Complete Form 1: Application for Assistance (PDF) and submit it to the Tribunal
• Practical example: If the city inspector finds persistent mold and the landlord doesn’t fix it, you can submit this form to seek an official order.

What Happens After an Investigation?

After a municipal investigation, the landlord is notified of any violations and must make repairs within a specified time. If the issues are serious and unaddressed, you may escalate to the Residential Tenancies Tribunal.

Serious health or safety risks may allow you to request early lease termination or rent abatements. For more information, visit New Brunswick’s Residential Tenancies Tribunal website.

Staying Safe and Protecting Your Rights

• Do not refuse entry to inspectors with proper notice or in emergencies
• Take photos or notes of problem areas for your records
• Follow up in writing after significant issues are identified
• If repairs are not completed, you may file with the Tribunal or notify public health authorities

Learn about Health and Safety Issues Every Tenant Should Know When Renting for more details on your rights regarding maintenance and safety.

Did you know you can explore Houseme for nationwide rental listings if you’re looking for a safer or better-maintained home?

Helpful Resources and Legislation

• Residential Tenancies Tribunal (New Brunswick)
• Residential Tenancies Act (New Brunswick) - full text
• Building and Fire Safety, Government of New Brunswick

Frequently Asked Questions

1. Can my landlord evict me for requesting a municipal inspection?
   No. It is illegal for a landlord to evict or threaten eviction because you request a safety inspection or report code violations. This is considered retaliation and is prohibited under New Brunswick’s Residential Tenancies Act.
2. Do I have to let city inspectors into my apartment?
   Yes, as long as you receive proper notice (usually 24 hours), or if there is an emergency. Inspectors must respect your privacy and visit at reasonable times.
3. What should I do if the landlord does not fix reported problems?
   If repairs are not completed promptly after an investigation, submit Form 1: Application for Assistance to the Tribunal. You can also seek help from your local municipal office.
4. What happens if serious safety issues are found?
   The landlord is required to fix major safety risks. If unaddressed, the Tribunal can order repairs, or you may apply for early lease termination if the unit is uninhabitable.
5. Where can I read more about my rights as a tenant in New Brunswick?
   For a full overview, see Tenant Rights and Landlord Rights in New Brunswick.

Conclusion – Key Takeaways

• Municipal investigations protect your right to a safe, healthy home
• You cannot be evicted just for reporting issues or cooperating with inspections
• If repairs are ignored, submit Form 1: Application for Assistance to the Tribunal

Remember: Document all communications and reach out for help if needed to ensure your home remains safe and comfortable.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – New Brunswick
• Call Service New Brunswick: 1-888-762-8600
• Public Legal Education and Information Service of New Brunswick (PLEIS)
• Your local municipal office for by-law and safety complaints
• Local tenant advocacy organizations

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1. Residential Tenancies Act (New Brunswick)

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