If your New Brunswick landlord refuses to fix an emergency issue like a broken furnace in winter or a major plumbing leak, you must apply to the Residential Tenancies Tribunal (RTT). The RTT can order the landlord to act or allow you to redirect your rent to Service New Brunswick until the repairs are completed. Never withhold rent directly!
Renting a home comes with the expectation of a safe and habitable living environment. When disaster strikes-whether it is a collapsed ceiling, a broken water heater, or a failed heating system during a freezing Bathurst winter-your landlord is legally obligated to address the problem promptly. Unfortunately, not all property owners act as quickly as they should when an emergency occurs.
When a landlord ignores urgent maintenance, many tenants mistakenly believe they can simply stop paying rent to force the issue. ❌ Under New Brunswick law, withholding rent is a major violation that can lead to your eviction. Instead, the province offers a formal, highly effective legal mechanism through the Residential Tenancies Tribunal (RTT) to ensure your home is made safe without putting your tenancy at risk.
Step-by-Step Process in New Brunswick
The Residential Tenancies Act protects renters across the province, from Edmundston to Moncton. If you are facing a severe maintenance crisis that threatens your health, safety, or the structural integrity of the building, you must follow these proper legal channels to compel your landlord to act.
Step 1: Notify Your Landlord Immediately
The moment an emergency occurs, you must inform your landlord or property manager. 📞 Start with a phone call for speed, but always follow up with a written notice (text message, email, or a formal letter) so you have proof of the exact date and time you reported the problem. The landlord cannot fix a problem they do not know about, and the RTT will ask for proof that you attempted to contact them.
Step 2: Allow a Reasonable Time for Action
Even in emergencies, landlords are granted a practical window to arrange for a contractor. For a burst pipe or total loss of winter heat, “reasonable time” usually means immediate action within 24 hours. For less catastrophic but still urgent issues, like a broken refrigerator, a few days might be deemed acceptable. Document everything during this waiting period, including photos of the damage.
Step 3: Submit an Application for Assistance to the RTT
If the landlord is unresponsive or refuses to make the repair, you must escalate the issue. 📄 Fill out an “Application for Assistance” form and submit it to the New Brunswick Residential Tenancies Tribunal. You can do this online, by mail, or in person at any Service New Brunswick centre. Be sure to include your lease agreement and all evidence of the damage and communication.
Step 4: The RTT Investigation
Once you apply, a Residential Tenancies Officer will be assigned to your case. For true emergencies, the Tribunal acts very swiftly. The Officer will contact the landlord to hear their side and may physically inspect the property. If the Officer determines the landlord is failing in their legal duties, they will issue a formal order demanding the repairs be completed by a specific deadline.
Step 5: Rent Redirection (If Necessary)
If the landlord still refuses to comply with the RTT’s order, the Tribunal has a powerful tool. 💰 The Officer can direct you to pay your future rent directly to the RTT rather than to the landlord. The Tribunal will hold this money and can legally use those funds to hire a contractor to fix your apartment on the landlord’s behalf.
How Much Does it Cost in New Brunswick?
Seeking help for emergency repairs is designed to be accessible for all residents. 💵 Here is what you need to know about the costs involved.
| Type of Action | Estimated Cost (CAD) | Details |
|---|---|---|
| Filing an Application with RTT | $0 (Free) | There are no government fees to request intervention from the Residential Tenancies Tribunal. |
| Rent Payments | Your standard monthly rent | You must continue paying full rent, either to the landlord or to the RTT if a redirection order is issued. |
| Out-of-Pocket Repairs | Not Recommended | Do not hire your own plumber or electrician without RTT approval, as you may not be reimbursed. |
Remember, prioritizing your safety is the most important thing. If a situation is dangerous (like exposed live wiring or a severe gas leak), call emergency services or the fire department immediately before worrying about the RTT process.
How Long Does the Process Take?
The timeline heavily depends on the severity of the issue. ⏳ For critical health and safety hazards, such as having no heat in the middle of January, the RTT will expedite your file and typically contact the landlord within 24 to 48 hours of receiving your application. For major issues that are less immediately life-threatening, the investigation and issuing of orders might take 1 to 2 weeks.
Frequently Asked Questions (FAQ)
Can I stop paying rent until the landlord fixes the emergency?
Absolutely not. Under New Brunswick law, withholding your rent is a breach of your lease agreement. Doing so gives the landlord valid grounds to evict you, regardless of the repairs needed. You must pay rent and let the RTT handle the dispute.
What legally qualifies as an emergency repair?
Emergencies are typically issues that make the unit unlivable or pose an immediate danger. Examples include a broken furnace in winter, major plumbing leaks, collapsed roofs, electrical hazards, or completely broken exterior doors that compromise security.
Can I hire a contractor myself and deduct it from my rent?
No, you generally cannot “repair and deduct” on your own in New Brunswick. You must go through the Residential Tenancies Tribunal. If you act independently, the landlord is not legally obligated to reimburse you for the invoice.
What if the emergency was caused by my negligence?
If you or your guests caused the damage (for example, leaving a window open so pipes froze, or flushing inappropriate items down the toilet), the landlord must still fix the emergency, but they can legally charge you for the full cost of the repair bill.
Will the RTT compensate me for damaged personal property?
The RTT primarily handles the relationship and the physical dwelling. If a burst pipe ruined your furniture, you would typically rely on your own tenant insurance policy. If the landlord was blatantly negligent, you might need to pursue them in Small Claims Court for property loss.
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