What to Do If Your Landlord Won’t Make Repairs in New Brunswick

If you’re a tenant in New Brunswick and your landlord won’t make necessary repairs, it can leave you feeling frustrated and unsure about your rights. Maintaining a safe and habitable home is the landlord’s legal obligation under New Brunswick’s Residential Tenancies Act. This article will walk you through your rights, the steps you can take, and where to get help if your landlord is neglecting repairs in your rental unit.

Understanding Your Rights as a Tenant in New Brunswick

All tenants in New Brunswick have the right to live in a home that meets minimum health, safety, and maintenance standards. Landlords are responsible for major repairs, such as fixing heating, plumbing, and electrical systems. Tenants are generally responsible for keeping the unit clean and reporting repair needs promptly.

• The Residential Tenancies Tribunal (formerly Office of the Rentalsman) oversees most rental disputes in New Brunswick.
• Review your rental agreement—it may note additional repair procedures or maintenance schedules.

Your rights and responsibilities are summarized on our Tenant Rights and Landlord Rights in New Brunswick page.

Common Types of Repairs Landlords Must Make

Let’s clarify which repairs your landlord is legally required to handle:

• Essential services, such as heat, electricity, water, and plumbing
• Structural issues, including leaky roofs, broken windows, or floors
• Health hazards, like mould, pests, or faulty smoke detectors
• Locks and security features on doors and windows

If repairs aren’t made, tenants could face health or safety risks. Learn more by visiting our page on Health and Safety Issues Every Tenant Should Know When Renting.

What to Do If Repairs Aren’t Made

Here’s a step-by-step process for tenants when a landlord is not responding to repair requests:

1. Document the Issue: Take photos or videos of the problems that need repair. Write down dates and details about when you requested repairs and the responses you received.
2. Notify the Landlord in Writing: Send a written notice (email or letter) describing the problem. Keep a copy for your records. This marks the official start of the repair request.
3. Wait a Reasonable Time: Landlords generally must carry out repairs promptly—usually within a few days for urgent issues, or within a reasonable period for less severe problems.
4. If No Action, File a Complaint: If the landlord doesn’t fix the problem, you may submit an “Application for Assistance” (Form 6) with the Residential Tenancies Tribunal. Access the Form 6 (Application for Assistance). This form is used to officially ask the Tribunal to order your landlord to complete repairs.
5. Attend a Hearing (if required): The Tribunal may arrange a hearing or investigation. Be prepared with documentation and any communication proof.

As you take these steps, keep in mind that withholding rent or making repairs yourself and deducting from rent can have serious legal consequences if not approved by the Tribunal first.

Emergency Repairs

If the repair is urgent—for example, no heat in winter, broken water pipes, or unsafe electrical issues—make this clear in your written communication.

In emergencies, the Tribunal may expedite your application. For more on urgent situations, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.

After Filing a Complaint

Once your application is filed, the Tribunal will contact both parties and may issue an Order requiring the landlord to make repairs within a specified timeline. Failure to comply can result in fines or other enforcement.

Related Tenant Responsibilities

Tenants must continue to pay rent as usual during repair disputes unless otherwise ordered by the Tribunal. Make sure you understand your full obligations and review Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more details.

Official Forms and Where to Get Them

• Form 6: Application for Assistance — Used if the landlord fails to carry out required repairs. Download from the province’s site

Complete the form with details of your repair request, attach supporting evidence (photos, notices), and submit to the Residential Tenancies Tribunal.

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Frequently Asked Questions

1. Can I withhold rent if my landlord won’t make repairs in New Brunswick?
   No, you must continue paying rent unless the Tribunal specifically authorizes you to do otherwise. Withholding rent without legal approval may result in eviction.
2. What repairs is my landlord responsible for?
   Landlords are required by law to address major repairs related to health, safety, and the structural integrity of your home. This includes heating, plumbing, water, and security issues.
3. How long should I wait before filing a complaint?
   If the repair is urgent, report it immediately and follow up daily. For less urgent repairs, give your landlord a reasonable amount of time (usually a few days to a week); if there’s still no action, file an application with the Tribunal.
4. Where do I send my Application for Assistance?
   Submit your completed Form 6 to the Residential Tenancies Tribunal by mail, email, or in person, as detailed on their official website.
5. Who can help me if my landlord refuses to cooperate?
   The Residential Tenancies Tribunal can provide guidance, and local tenant advocacy groups may offer additional support. See resources below.

Key Takeaways for New Brunswick Tenants

• Document all repair requests and communicate clearly in writing.
• File a Form 6 with the Residential Tenancies Tribunal if problems persist.
• Never withhold rent without the Tribunal’s written approval.
• For ongoing issues, consult Tenant Rights and Landlord Rights in New Brunswick for your full legal protections.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal — Handles all official complaints and applications.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Housing — Tenant guidance and legal resources.
• Renting in New Brunswick — Provincial government repair, complaint, and rental information.

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1. Residential Tenancies Act, New Brunswick. Official legislation
2. Residential Tenancies Tribunal (Office of the Rentalsman), New Brunswick. Official site
3. Form 6: Application for Assistance. Official form

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