Why Tenants Win at the New Brunswick Residential Tenancies Tribunal

Are you a tenant in New Brunswick facing issues like repair disputes, deposit problems, or eviction? Understanding why tenants often win at the Residential Tenancies Tribunal (RTT) can help you safeguard your rights and know what steps to take if you have a disagreement with your landlord. On this page, you'll discover common tenant victories, key legal forms, and where to get official help in New Brunswick—all explained in plain language.

Understanding Tenancy Disputes in New Brunswick

Most rental disagreements in New Brunswick are resolved by the Residential Tenancies Tribunal (RTT). This official tribunal handles rent disputes, repair complaints, deposit issues, and eviction matters under the Residential Tenancies Act.¹

Top Reasons Tenants Win at the RTT

Tenants in New Brunswick often succeed at hearings or application reviews for these key reasons:

1. landlord Fails to Provide or Maintain Vital Services

• No heat, water, electricity, or other essential services provided or quickly restored as required by law.
• Lack of timely repairs or safety remediation, endangering tenant health or making the unit unlivable.

If you face unsafe living conditions, review Health and Safety Issues Every Tenant Should Know When Renting for guidance.

2. Improper or Unlawful Eviction Notices

• Landlord did not use the correct form or provided insufficient notice period.
• No lawful reason for eviction under the Act.

Tenants win cases when the process was not properly followed as set out in the Residential Tenancies Act, or if the landlord did not provide valid grounds.

3. Deposit Disputes

• Landlord failed to return the security deposit within the legal timeframe after moving out.
• Deductions taken without valid, documented reasons (such as normal wear and tear).

For more about security and damage deposits, read Understanding Rental Deposits: What Tenants Need to Know. Tenants often win when the landlord does not follow NB's strict deposit rules.

4. Unaddressed Formal Repair Requests

• Tenant can show they repeatedly requested repairs and the landlord ignored their obligation.
• Tenants presenting dated written requests (letters, emails) with supporting evidence have higher success.

5. Invalid Rent Increases

• Landlord attempts to raise rent without providing proper written notice or by more than allowed.
• No legal basis for the increase per the Act.

For help understanding rules around rent, see Understanding Rent Increases: What Tenants Need to Know.

Essential Forms for Tenants at the RTT

Tenants in New Brunswick use official forms to begin or respond to disputes through the Tribunal. Here are the most common:

• Application for Assistance (Form 6)
  When: If you believe your landlord has breached the Act (non-return of deposit, illegal entry, failure to repair, etc.).
  How: Download Form 6: Application for Assistance, fill it out, and submit it to the RTT online or by mail.
• Notice to Terminate a Residential Tenancy (Form 6A or 6B)
  When: To end your tenancy legally (e.g., if your landlord breaches your agreement or you must move out for health and safety reasons).
  How: Fill out Form 6A (tenant to landlord) and provide the required notice.

Always keep a copy of any forms and proof of delivery when you send them to your landlord or to the Tribunal.

What Evidence Helps Tenants Win?

To strengthen your case at the RTT:

• Collect written records (emails, texts) of requests or landlord communication
• Take dated photographs of maintenance, damage, or health and safety concerns
• Track and document all payments, including rent and deposits
• Gather witnesses if possible (neighbours, roommates, etc.)

Overview: How the Tenancy Tribunal Process Works

Disputes are submitted online or through Service New Brunswick. The Tribunal reviews evidence from both sides before making a binding decision. Most matters do not require a formal hearing in person, but both tenant and landlord may be called for further information.

As you prepare your case, it helps to know Common Issues Tenants Face and How to Resolve Them.

Rights and Protections for Tenants in New Brunswick

To learn more about local tenant rights, visit the official guide on Tenant Rights and Landlord Rights in New Brunswick. Staying informed puts you in a better position to resolve disputes and ensure a fair outcome.

You can also Find rental homes across Canada on Houseme if you are considering a move or want to see available listings in your area.

FAQ: Winning at the New Brunswick Tenancy Tribunal

1. What evidence do I need to present at the RTT?
   Bring copies of written requests, dated letters or emails, photos of issues, and your signed lease. Documentation is key for proving your side.
2. Do I need a lawyer to file a dispute?
   No. Most tenants represent themselves at the RTT. The process is designed to be tenant-friendly and accessible to the public without legal help.
3. How long does a tenancy dispute take in New Brunswick?
   Simple deposit or notice issues may be resolved in a few weeks. More complex cases or those needing a hearing take longer, but most are settled within 30–60 days.
4. If I win, how is a Tribunal order enforced?
   The Tribunal's written order is legally binding. If a landlord fails to follow an order, you may file it with the court for enforcement or contact the Tribunal for next steps.
5. Can I appeal a decision of the RTT?
   You may request a review of the decision if you believe a mistake occurred or new evidence exists. Submit your request in writing right away as deadlines apply.

Summary: Key Takeaways for Tenants

• Tenants win when they keep clear records and follow the Act's procedures
• Use the right forms and submit strong evidence
• Early, written communication helps resolve most issues before a Tribunal hearing

If you’re ever unsure of your rights, provincial guides and advocacy resources can help.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – Official Site (forms, guides, rules)
• Service New Brunswick – Landlord and Tenant Services (in-person help)
• Public Legal Education and Information Service of New Brunswick (tenant support and plain language info)

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1. Residential Tenancies Act (New Brunswick)

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