Complaints and Assistance
If you have a problem, talk to your landlord first. If they do not fix your problem, you can follow these steps to get help from the Tenant and Landlord Relations Office (TLRO). If you have questions about this process, call the TLRO at 1-888-762-8600 or email renting@gnb.ca.
STEP 1: Send a Notice of Complaint
Usually, you must give your landlord a Notice of Complaint. You can only skip this step if:
- It is an emergency,
- You got an eviction notice because you made a complaint against your landlord,
- You got an immediate threat of eviction by your landlord,
- You want to request a review of a rent increase,
- You want to request a review of a Notice of Termination,
- Your landlord made an unfair change to your long-term lease, or
- Your landlord wrongfully disposed of your property after you moved out.
For all other situations, you must give your landlord a Notice of Complaint before you move on to STEP 2.
In your Notice of Complaint, describe your problem in detail and tell your landlord what they need to fix. It must include:
- the address of your rental unit,
- the date, and
- your signature.
You must give your landlord at least 7 days to fix the problem. If you send the notice by mail, you must give them at least 10 days from the day you mail it. If they do not fix the problem, go to STEP 2.
STEP 2: Application for Assistance
Submit an Application for Assistance form to the TLRO online, by email to renting@gnb.ca, by mail, or in person at any Service New Brunswick Centre. Your application must include:
- the address of your rental unit,
- the date,
- your signature, and
- a copy of your Notice of Complaint (if you were required to complete STEP 1).
You should submit evidence to support your claim. Include copies of any relevant photos, emails, notices, texts, or repair requests that will show the TLRO what happened.
Application for Assistance – Important time limits
Sometimes there is a time limit on when you can apply for assistance. For example, if:
• You got a retaliatory Notice of Termination within 1 year of making a complaint against your landlord: 15 days to apply.
• You got a retaliatory notice of rent increase within 6 months of making a complaint against your landlord: 15 days to apply.
• You got a Notice of Termination and want it reviewed: 15 days to apply.
• Your landlord made an unfair change to your long-term lease: 15 days to apply.
• You want a notice of rent increase reviewed: 60 days to apply.
• Your property was wrongfully disposed of after you moved out: 3 months to apply.
STEP 3: Mediation
A Residential Tenancies Officer will review your file and may investigate further. They could ask you or your landlord follow up questions, visit your rental unit, or ask you to provide further evidence. The Officer will then try to resolve the dispute through mediation.
STEP 4: Decision
If you and your landlord cannot come to an agreement through mediation, the Residential Tenancies Officer will make a final decision for you.
If the Officer decides that your landlord acted illegally, they can order them to fix the problem. If your landlord refuses, the Officer may decide that the TLRO will collect some of your rent instead of the landlord. The TLRO may use the rent funds to fix the problem.
For other problems like rent increases and evictions, or if your landlord refuses an order to do repairs, the Officer can end your lease for you without penalty. The Officer can also:
- Order your landlord to pay you a maximum of 1 months’ rent for any reasonable expenses caused by the problem, and
- Order your landlord to pay you back a maximum of 1 months’ rent for the time you lived in your unit if it was “uninhabitable” because of the problem.
If you disagree with a Residential Tenancies Officer’s decision, you can appeal it.
If you receive a Notice of Complaint from your landlord about your actions or the actions of your guests, you must comply immediately. For example, if one of your guests was actively damaging the building or causing a nuisance.
If you receive a Notice of Complaint because of anything else, you must comply within 7 days.
If you do not comply with the Notice of Complaint you received, your landlord can apply for assistance with the TLRO. A Residential Tenancies Officer may investigate, mediate, and eventually, decide whether to terminate your lease. If the Officer decides to terminate your lease, they will send you a letter called a “Notice to Quit”.
If you disagree with a Residential Tenancies Officer’s decision, you can appeal it. A judge will hear your appeal and decide if they agree or disagree with the Officer’s decision. If they agree with the decision, your appeal will be dismissed. If the judge disagrees with the decision, they can “set it aside”. This means that the Officer’s decision will be canceled.
To appeal an Officer’s decision, you must apply to the New Brunswick Court of King’s Bench using a form 16D Notice of Application. You must file your Notice of Application within 7 days of receiving the Officer’s decision. This is a very small amount of time. Sometimes, a judge can extend this 7-day limitation period, but not always. It is very important to meet this deadline.
Court processes are complex. If you are in this situation, you may need legal advice. It may be useful to consult with a lawyer before drafting your application and beginning this process.