If you rent a home in New Brunswick that relies on a private well, you may face questions about water quality, testing, repairs, and who must pay. This plain-language guide helps renters and tenants understand what landlords are typically responsible for, what you can reasonably expect about safe drinking water, and practical steps to protect your health while staying in the rental. It explains when to ask for testing, how to document problems, and the basic steps to bring a concern to the Residential Tenancies Tribunal or provincial authorities. The advice is written for tenants who are not legal experts and aims to make next steps clear and achievable.
Who is responsible for private well water?
In many New Brunswick rentals, the landlord is responsible for ensuring the rental unit meets basic health and safety standards, which commonly includes safe drinking water. If the rental agreement or lease assigns maintenance tasks, those clauses matter, but the landlord cannot contract out of basic habitability duties. If you suspect contamination or unsafe water, tell your landlord in writing, keep records, and request testing.
Common signs of a well water problem
- Discolored or cloudy water, odd taste, or persistent odor that appears when you run taps or after well use
- Staining on fixtures, unusual sediment, or visible particles in water
- Illness among household members after using water for drinking or cooking
- Changes in water pressure or unexpected loss of supply
What tests and maintenance can you request?
Ask the landlord to arrange a certified well-water test from an accredited lab. Common tests assess bacterial contamination (E. coli/coliforms), nitrates, and other local risks like iron or manganese. Pay attention to any lease language about utilities, well maintenance, or who pays for testing. If the landlord refuses, you can document the refusal and consider filing an application with the tribunal or asking a public health official to inspect.[1]
Official forms and when to use them
Use the tribunal’s application form when a landlord will not take reasonable steps to ensure safe water or to order repairs. Common official items tenants use include:
- Application to the Residential Tenancies Tribunal — file this to ask the tribunal to order repairs, testing, or compensation for loss of use[2]
- Notice to the landlord describing the problem — a written notice creates a record and may be required before tribunal applications
- Copies of water test reports and receipts — provide these as evidence in any complaint or hearing
Step-by-step actions a tenant can take
- Document: record dates, times, smells, photos of discolored water, and any health issues
- Notify the landlord in writing and request a certified water test
- If the landlord agrees, arrange testing and keep copies of the report and invoices
- If the landlord refuses or fails to act, file the tribunal application and include your documentation[2]
- Contact local public health if you suspect contamination that risks health
Repairs, costs and temporary solutions
Who pays depends on lease terms, the cause of the problem, and local law. If a defect is pre-existing or due to poor maintenance, the landlord will usually be responsible. For emergency fixes (e.g., disinfecting a contaminated well), ask the landlord to act immediately; if they will not, you may be able to arrange an emergency repair and seek reimbursement through the tribunal. Keep receipts and be clear in your application about why the repair was necessary.
When to seek emergency help
If water is clearly contaminated, causes vomiting or diarrhea, or an advisory is issued by public health, stop using tap water for drinking and cooking and seek bottled water or boil-water instructions from health authorities. If you feel unsafe or the landlord does not respond promptly, follow the emergency steps described below and consider filing an urgent application.[3]
FAQ
- Who enforces tenant water safety issues in New Brunswick?
- The Residential Tenancies Tribunal handles many tenancy disputes; public health agencies handle contamination risks and health advisories.[1]
- Can I withhold rent if my well water is unsafe?
- Withholding rent is risky and governed by specific rules; you should document problems, seek repairs, and consider a tribunal application rather than withholding without legal advice.
- How long will a tribunal decision take?
- Timelines vary; the tribunal prioritizes urgent health risks, but non-emergency matters can take weeks to months depending on caseload.
How-To
- Describe and document the problem in writing, including photos and dates
- Send a written request to the landlord asking for a certified water test
- If needed, arrange temporary safe water (bottled or boil advisory) and save receipts
- If the landlord does not act, file the tribunal application with all documentation[2]
- Follow up with public health for health-related guidance and possible inspection
Key Takeaways
- Tenants are entitled to safe drinking water and should document any problems immediately.
- Request certified testing in writing and keep all reports and receipts.
- If the landlord won’t act, file an application with the Residential Tenancies Tribunal and contact public health when safety is a concern.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act (New Brunswick)
- New Brunswick Public Health - Drinking Water and Safety
