Under the New Brunswick Residential Tenancies Act, it is strictly illegal for a landlord to shut off essential utilities-such as water, heat, or electricity-to force a tenant to move out. If this occurs, you should immediately contact the Residential Tenancies Tribunal (RTT), which can issue an emergency order to have the services restored within 24 to 48 hours.
Every tenant in Canada has the fundamental legal right to a safe and habitable living environment. Whether you are renting a basement suite in Dieppe, a top-floor apartment in Fredericton, or a historic flat in Saint John, uninterrupted access to essential services is non-negotiable.
Unfortunately, some unscrupulous property owners attempt to use utility shut-offs as an illegal eviction tactic. This “self-help” eviction method is entirely prohibited under New Brunswick law. If you suddenly find yourself without heat in the middle of winter or without running water, knowing exactly which provincial authority to contact can resolve the crisis swiftly. 📍
Step-by-Step Process in New Brunswick
If your landlord intentionally cuts off your essential services, you must act quickly and methodically. The law is heavily on your side, but you need to follow the proper administrative steps to get the government involved.
Step 1: Verify the Source of the Outage
Before making any legal accusations, confirm that the outage is actually the landlord’s doing. Check your electrical breaker panel to ensure a fuse hasn’t simply tripped.
Next, contact NB Power or your municipal water authority. Ask them if there is a localized outage in your neighbourhood or if the account holder (your landlord) specifically requested a disconnection. Gathering this information provides crucial evidence.
Step 2: Notify Your Landlord in Writing
If you confirm the shut-off was intentional, immediately send a written demand to your landlord. Use text message, email, or a hand-delivered letter to state that the shut-off of essential utilities is illegal under the Residential Tenancies Act. 📝
Politely but firmly demand that the services be restored immediately. Keep a saved copy of this communication, as it will prove to the tribunal that you attempted to resolve the issue before escalating.
Step 3: Contact the Residential Tenancies Tribunal (RTT)
If the landlord refuses to turn the power or water back on, your next call must be to the New Brunswick Residential Tenancies Tribunal (RTT). Explain that you are experiencing an emergency shut-off of essential services.
The RTT treats these cases with the highest priority. A Residential Tenancies Officer will usually contact the landlord directly, reminding them of the severe legal and financial consequences of their actions, and can issue a binding order to restore the utilities.
Step 4: Secure Alternative Accommodations (If Unsafe)
If your heat has been disconnected during a harsh New Brunswick winter, your apartment may become physically unsafe. In life-threatening cold, you may need to stay with friends, family, or at a local hotel. 💼
Keep all receipts for any emergency expenses you incur, such as hotel stays or space heaters. You can later file a claim with the RTT to force the landlord to reimburse you for these out-of-pocket costs resulting from their illegal actions.
How Much Does it Cost in New Brunswick?
The provincial system is designed to protect vulnerable tenants without requiring them to spend thousands of dollars on immediate legal representation.
| Action Required | Estimated Cost (CAD) | Description |
|---|---|---|
| Filing an Emergency RTT Complaint | Free ($0) | The provincial government does not charge tenants to file a complaint regarding essential services. |
| Emergency Hotel Stay | $120 – $250 / night | Out-of-pocket cost if the unit is freezing. Save receipts to claim reimbursement from the landlord later. |
| Lawyer Consultation | $200 – $400 | Optional. Only necessary if you plan to sue the landlord in court for significant emotional or physical damages. |
- Rent Withholding: Do not simply stop paying your rent in retaliation. Withholding rent is illegal in New Brunswick and gives the landlord valid grounds to officially evict you. Always pay your rent while the RTT handles the utility dispute.
- Fines for Landlords: Landlords who are found guilty of illegally shutting off utilities can face substantial administrative fines from the RTT, and in severe cases, the matter may be escalated to the courts.
How Long Does the Process Take?
Because lacking heat or water poses a direct threat to public health and safety, the Residential Tenancies Tribunal fast-tracks these complaints.
When you report an illegal utility shut-off, an RTT Officer will typically intervene within 24 to 48 hours. If the landlord stubbornly ignores the Officer’s initial warnings, the tribunal can issue a formal legal order. While most landlords restore services immediately upon hearing from the government, resolving complex claims for financial reimbursement (such as paying you back for a hotel stay) may require a formal hearing, which can take 3 to 6 weeks to schedule.
Frequently Asked Questions (FAQ)
Can a landlord shut off the water to do repairs?
Yes, but only temporarily and with proper notice. If a pipe bursts or scheduled maintenance is required, the landlord can shut off the water for a reasonable timeframe. They must restore it as soon as the repair is complete.
What if the utility bill is in my name, and I forgot to pay it?
If the NB Power account is legally in your name and you fail to pay your bill, the utility company has the right to disconnect your service. This is a matter between you and the utility provider, not your landlord.
Can I call the police if my landlord locks me out and shuts off the power?
While the police typically consider tenant disputes to be a civil matter, an illegal lockout combined with cutting off heat in the winter can be viewed as an emergency. The local police may assist in keeping the peace while you regain entry, but you must still contact the RTT for a permanent legal order.
Can the landlord take my front door off its hinges?
Absolutely not. Removing doors, windows, or tampering with locks is considered a severe violation of your right to quiet enjoyment and security. The RTT will penalize this behaviour just as harshly as a utility shut-off.
Is internet considered an essential service?
Generally, essential services only include heat, running water, and electricity. While internet is crucial for modern life, a landlord disconnecting a provided Wi-Fi network is usually treated as a breach of contract rather than an immediate life-safety emergency. You should still report it to the RTT for a rent reduction.
Leave a Reply