Withholding Rent for Repairs in New Brunswick: Tenant Rights

If your landlord in New Brunswick isn't making repairs, you might wonder if you can withhold rent to force action. Understanding your rights under New Brunswick tenancy laws is essential to avoid unintended risks, including eviction or legal disputes. This guide explains what the law says, the correct steps to take, and how to get help with rental repairs in New Brunswick.

Who Handles Tenant-Landlord Disputes in New Brunswick?

Tenant and landlord disputes are managed by the Residential Tenancies Tribunal of New Brunswick. They enforce the Residential Tenancies Act, which covers your rights and responsibilities as a tenant.

Can You Legally Withhold Rent for Repairs?

In New Brunswick, you cannot simply stop paying rent if your landlord fails to do repairs—even for things like broken heating or major leaks. The Residential Tenancies Act requires tenants to continue paying rent on time, even if repairs are outstanding. Withholding rent may lead to eviction notices or legal action from your landlord¹.

What Should Tenants Do If Repairs Aren't Made?

If something in your unit needs repair:

• Report the problem to your landlord in writing (email or letter).
• Be specific about the issue, date reported, and ask for a reasonable timeline.
• Keep copies of all communications for your records.

If the issue is a health or safety concern, see Health and Safety Issues Every Tenant Should Know When Renting for more on urgent situations.

What Are Your Rights If Repairs Are Not Completed?

If your landlord does not act after you report the issue, you have specific options under New Brunswick law. Withholding rent is not permitted, but you may:

• Apply to the Residential Tenancies Tribunal for an order requiring the landlord to make repairs.
• Request a rent abatement (reduction) or compensation for losses, but only with Tribunal approval.

Which Official Forms Should Tenants Use?

• Form 12: Application for Assistance
  • When to use: If your landlord has not completed needed repairs after you've reported the problem.
  • How to use: Download Form 12: Application for Assistance. Complete it with the details of the issue and attach your evidence, then submit it to the Tribunal.
  • Example: Your apartment's heating is broken and winter is approaching. You notified your landlord in writing, but nothing happened. You submit Form 12 to ask the Tribunal to order repairs.

Keep in mind, you must continue paying your full rent while your application is processed.

Emergency Repairs vs. Routine Repairs

Emergency repairs, like loss of heat or sewer backups, should be reported to your landlord immediately. If there's no timely response, consider contacting the Tribunal for urgent intervention. For more on everyday repair responsibilities, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

What Happens If You Withhold Rent Without Permission?

Withholding rent without Tribunal approval—even for legitimate repair issues—puts you at risk of eviction. The law is clear: You must continue paying rent. Only the Tribunal can grant a rent reduction or direct payment for repairs in limited circumstances.

Your best protection is to document every repair request and use the correct forms. Acting on your own by stopping rent can jeopardize your tenancy.

Related: Know Your Rights in New Brunswick

For a comprehensive overview of tenant and landlord laws in your province, see Tenant Rights and Landlord Rights in New Brunswick. Staying informed prevents misunderstandings and helps you make the right choices.

Need to move while dealing with repair disputes? See Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit to prepare for a stress-free move.

Ready to look for a new place? Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. If my landlord doesn't fix something important, can I stop paying rent?
   No. In New Brunswick, you must keep paying rent even if your landlord is late with repairs. Apply to the Tribunal instead for help.
2. How do I report my landlord for not doing repairs?
   Start by notifying your landlord in writing. If there’s still no fix, submit Form 12: Application for Assistance to the Residential Tenancies Tribunal.
3. What if my rental is unsafe or has health hazards?
   If there are health or safety risks (like mold, pests, or no heat), act quickly and consider contacting the Tribunal. You can also see Health and Safety Issues Every Tenant Should Know When Renting for more guidance.
4. Can I pay for repairs myself and subtract the cost from my rent?
   No. This option is not allowed in New Brunswick unless the Tribunal gives special permission in a written order.
5. Who can help me if my landlord still refuses to act?
   The Residential Tenancies Tribunal can intervene based on your official complaint and submitted forms.

Conclusion: What New Brunswick Tenants Should Remember

• Never withhold rent for repairs without Tribunal approval—use legal forms and channels.
• Document all repair requests and communications in writing.
• The Residential Tenancies Tribunal is your main resource for resolving landlord repair disputes.

By following these steps, you stay protected and increase your chances of a swift solution.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – File complaints, get forms, and access dispute resolution services.
• Residential Tenancies Act – Review official legislation on tenant and landlord duties.
• For advocacy or guidance, contact local tenant associations or legal aid resources in your area.

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1. Residential Tenancies Act (New Brunswick)

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