New Brunswick renting guide
Tenant responsibilities, damage, and problem behaviour in New Brunswick
A tenant has to keep the place reasonably clean, not damage it, and not disturb other people. If a tenant does not, the landlord has a complaint process and does not have to jump straight to eviction.
What are my responsibilities as a tenant in New Brunswick?
For tenants
You are responsible for ordinary cleanliness, for any damage you or your guests cause on purpose or through carelessness, and for not disturbing your neighbours. Damage beyond normal wear and tear, like a fire from overcooking or a hole in the wall, is on you, and a landlord can claim it from your deposit or take you to court. If you get a Notice of Complaint about your conduct, like noise, you have to stop right away. For other issues you get seven days.
For landlords
When a tenant keeps the place unsanitary, causes damage, or disturbs others, you do not have to evict to deal with it. Serve a written Notice of Complaint. For conduct like noise or nuisance the tenant must comply immediately, for other issues within seven days. If they do not, a residential tenancies officer can investigate and, only as a last step, issue a notice to quit. For damage beyond wear and tear you can claim against the deposit through the Office, or sue in Small Claims for amounts up to $20,000.
The key facts
- Tenant must
- Keep it clean, avoid damage, not disturb others
- Damage by tenant or guests
- The tenant's responsibility
- Conduct complaint (noise)
- Comply immediately
- Other complaints
- 7 days to comply
- Damage recovery
- Deposit claim, or Small Claims to $20,000
Common questions
My tenant left the unit filthy and is damaging it, but I want to keep them. What can I do?
You do not have to evict. Serve a written Notice of Complaint. For most issues the tenant has seven days to fix it, and for conduct issues they must act immediately. If they do not comply, a residential tenancies officer can step in. For damage, you can claim against the deposit or sue in Small Claims.
A tenant caused a fire by overcooking and damaged the unit. Who pays?
The tenant is responsible for damage they or their guests cause through careless or wilful conduct, so that is on them. You can claim the cost against the security deposit through the Office, and if it costs more than the deposit, you can sue in Small Claims for up to $20,000.
My tenant is noisy and disturbing the other residents. What can I do?
Noise and nuisance count as conduct, so a Notice of Complaint requires the tenant to stop immediately, not in seven days. If they keep it up, you escalate to a residential tenancies officer, who can investigate and ultimately issue a notice to quit.
Sources
This is general information, not legal advice. For a decision on your situation, contact Tenant and Landlord Relations Office (formerly the Residential Tenancies Tribunal).
Have a specific question? Ask the rental assistant for a plain answer with a source.
