New Brunswick Maintenance Laws: Landlord Habitability Standards

Effective since 1 December 1975, New Brunswick's Residential Tenancies Act (SNB 1975, c R-10.2) legally requires landlords to maintain rental properties to strict health, safety, and habitability standards. A landlord cannot pass this fundamental obligation onto the tenant through the lease agreement.

Implied Warranty of Habitability

All residential leases in New Brunswick contain an implied requirement that the landlord will provide, and persistently maintain, a unit that is fit for habitation.

To meet this standard, landlords must ensure the property consistently complies with all provincial and municipal health, safety, housing, and building standards (s. 3(1)). This obligation applies regardless of whether the tenant was aware of the state of repair at the start of the tenancy (s. 3(2)).

Landlord Responsibilities

Landlords are exclusively responsible for:

• Maintaining the structural integrity of the building (roofs, foundations, walls, windows, and doors).
• Ensuring critical building systems (plumbing, heating, electrical) are fully operational and safe.
• Providing essential services (heat, hot and cold water, electrical services) without deliberate interruption, except for necessary emergency repairs.
• Keeping all common areas (hallways, lobbies, laundry rooms, stairwells, and parking areas) safe and in a good state of cleanliness and repair.
• Repairing landlord-supplied appliances (e.g., refrigerators, stoves) provided with the unit.
• Addressing pest infestations (rodents, bed bugs) if the tenant did not introduce them.

Handling Repair Requests

When a unit requires maintenance, New Brunswick law requires action from both parties based on the severity of the issue.

Routine vs. Emergency Repairs

• Emergency Repairs: Issues that pose a danger to tenant safety or risk serious damage to the property (e.g., no heat in winter, severe plumbing leaks, electrical hazards). Landlords must address these without delay.
• Routine Repairs: Standard maintenance (e.g., a dripping faucet, a broken closet door). Landlords must address these within a reasonable amount of time after being notified by the tenant.

The Repair Process

1. Tenant Notice: The tenant must report the necessary repair to the landlord as soon as they are aware of it.
2. Landlord Action: The landlord coordinates the repair. If the landlord ignores the request, the tenant has the right to contact the Residential Tenancies Tribunal.
3. Residential Tenancies Tribunal Intervention: A Residential Tenancies Officer can inspect the dispute. If they find the landlord is neglecting their duties, the Officer can issue an order compelling the landlord to fix the issue by a specific date.

Tenants in New Brunswick do not have the right to withhold rent unilaterally due to incomplete repairs. Withholding rent gives the landlord explicit grounds to issue a Notice to Vacate under section 19(1). For weekly, monthly, or fixed-term leases of less than six months, the notice period is 15 days. For yearly leases or fixed-term leases of six months or more, the notice period is one month.

Rules for Landlord Entry

A landlord cannot freely enter a tenant's unit to perform maintenance. Strict notice periods apply under Section 16:

• Emergency Entry: Valid emergencies (fire, burst pipes) allow the landlord to enter immediately without any prior notice (s. 16(2)(b)).
• Tenant-Requested Repairs: If a tenant requests a repair in writing, the landlord may enter without notice within two working days. If the landlord fails to enter within those two days, they must then provide 24 hours' written notice to enter thereafter (s. 16(4.1)).
• 24-Hour Notice: The landlord must provide 24 hours' written notice for inspections (s. 16(4)) or for repairs specifically ordered by a Residential Tenancies Officer (s. 16(4.2)).
• 7-Day Notice: For normal repairs or redecoration, the landlord must provide a minimum of seven (7) days' written notice (s. 16(3)).
• Entry Hours: Landlords must enter between 8:00 a.m. and 8:00 p.m. Entry on Sundays or statutory holidays is prohibited unless agreed upon by the tenant or in emergencies (s. 16(6)).

Tenant Responsibilities

The tenant does bear partial responsibility for the upkeep of the unit:

• Cleanliness: The tenant must maintain the rental unit and any landlord-provided appliances in a state of reasonable cleanliness.
• Tenant-Caused Damage: The tenant must repair, or pay the landlord to repair, damage beyond normal wear and tear caused by the tenant, their pets, or their guests.

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How Landager Helps

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