The best news for tenants and landlords in New Brunswick is that filing an application with the Residential Tenancies Tribunal (RTT) is completely free ($0 CAD). However, if you choose to hire a family law firm or paralegal to represent you, private legal fees generally range from $1,000 to $3,000 CAD.
When a dispute arises between a landlord and a tenant, the thought of expensive court fees can be terrifying. Whether you are a tenant in Moncton fighting an unfair eviction or a landlord in Saint John trying to recover unpaid rent, resolving the issue quickly is your top priority. Fortunately, New Brunswick has designed a system that removes financial barriers to justice.
Unlike the traditional civil court system, the Residential Tenancies Tribunal (RTT), managed through Service New Brunswick, does not charge you to file a complaint. 📋 Their goal is to offer a plain English, accessible way for people to solve housing problems without needing to spend thousands of dollars just to be heard. Here is exactly how the process and associated costs work.
Step-by-Step Process in New Brunswick
Getting your case in front of a Residential Tenancies Officer involves a few simple steps. The system is designed so that anyone can navigate it without necessarily needing a law firm.
Step 1: Attempt to Resolve the Issue
Before the RTT steps in, they usually expect that you have tried to talk it out. 🗣 Whether it is a leaky roof in Fredericton or a dispute over a security deposit, you should communicate your concerns in writing. Keep copies of all emails, text messages, and formal letters as evidence.
Step 2: Submit an Application for Assistance
If talking fails, you must submit an Application for Assistance to the RTT. This can be done entirely online through the Service New Brunswick portal, by mail, or by visiting a local Service New Brunswick centre in person. You will need to attach your lease, the notice provided, and any photos or evidence.
Step 3: The Investigation Phase
Once submitted, an RTT Officer is assigned to your case. 🔍 Unlike a formal judge, the officer acts as an investigator and mediator. They will contact both the landlord and the tenant to hear both sides of the story and attempt to find a middle ground.
Step 4: The Hearing and Decision
If mediation fails, the officer will hold a formal hearing (often over the phone or by video call). They will review all evidence and issue a legally binding written decision. This order has the same power as a court order and can be enforced if the other party refuses to comply.
How Much Does it Cost in New Brunswick?
While the government process is free, preparing a strong case might involve some out-of-pocket expenses. Here is a breakdown of potential costs in CAD:
- RTT Filing Fee: Always $0 CAD. Service New Brunswick does not charge for submitting an application or holding a hearing.
- Lawyer or Paralegal Fees: If your case is highly complex, hiring a lawyer for representation typically costs $150 to $400 CAD per hour.
- Document Preparation: Printing photos, mailing registered letters, or obtaining police reports may cost you $20 to $50 CAD.
- Court of King’s Bench Appeals: If you strongly disagree with the RTT’s final decision, appealing it to the Court of King’s Bench involves a court filing fee of roughly $75 CAD, plus significantly higher lawyer fees.
How Long Does the Process Take?
The RTT is generally much faster than the regular civil court system. ⏱
| Type of Dispute | Estimated Timeline | Details |
|---|---|---|
| Emergency Issues (Safety/Damage) | 3 to 7 days | Cases involving severe property damage or immediate safety threats are fast-tracked. |
| Eviction for Unpaid Rent | 2 to 4 weeks | Relies on quick investigations to prevent the debt from growing too large. |
| Security Deposit & Repairs | 4 to 8 weeks | Standard processing time for less urgent financial or maintenance disagreements. |
Frequently Asked Questions (FAQ)
Do I legally need a lawyer for an RTT hearing?
No. The RTT is designed to be accessible to the general public. While you are fully allowed to hire a lawyer to speak for you, most landlords and tenants in New Brunswick represent themselves.
Can the RTT force the losing party to pay my lawyer fees?
Generally, no. Unlike civil courts, the RTT rarely orders one side to pay the other’s legal costs. Each party is typically responsible for their own legal representation bills.
What happens if the other person ignores the RTT order?
If a landlord or tenant refuses to obey an RTT order (like refusing to pay back a security deposit), you can take that order to the Court of King’s Bench. Once registered there, it can be enforced like any standard court judgment (e.g., garnishing wages).
Is the RTT available in both English and French?
Yes. As New Brunswick is a bilingual province, you have the absolute right to submit documents, communicate with your officer, and have your hearing conducted in either English or French.
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