10 Key Facts About Rent & Deposits for New Brunswick Tenants
If you're new to renting in New Brunswick, understanding your rights and responsibilities around rent and deposits is vital. Renting can feel overwhelming, but knowing the basics will help you protect your interests, avoid disputes, and ensure a smoother tenancy experience. This guide outlines 10 crucial facts every New Brunswick tenant should know, based on current legislation and practical advice.
Understanding Rent and Deposits in New Brunswick
New Brunswick has its own rules for rental deposits, rent payments, increases, and the overall landlord-tenant relationship. These rules are set out in the Residential Tenancies Act and administered by the Residential Tenancies Tribunal of New Brunswick[1].
1. Security Deposits: Rules and Maximum Amount
- Landlords can ask for a security deposit, but it cannot exceed one month's rent.
- Deposits must be held in trust by the landlord and are refundable if you meet your obligations at move-out.
- For full details, visit Understanding Rental Deposits: What Tenants Need to Know.
Before paying any deposit, make sure you receive a written receipt.
2. Paying Rent: Methods and Receipts
- Your landlord must provide a rent receipt if you ask, regardless of how you pay (cash, e-transfer, cheque, etc.).
- Rent is typically due on the first day of each rental period, unless your lease specifies differently.
Having payment records protects you in case of disputes.
3. Rent Increases: Legal Notice and Limits
- Landlords must give written notice at least three months in advance before increasing rent in New Brunswick.
- There is no government-set limit (no "rent control") on the amount, but notice rules must be followed.
Find more details in Understanding Rent Increases: What Tenants Need to Know.
4. Standard Lease Agreements
- Standard lease terms apply in New Brunswick, but landlords and tenants can agree on additional terms as long as they do not override the Residential Tenancies Act.
- Keep a copy of every document you sign.
5. Document Everything: Receipts, Notices, Inspections
- Save all communication and documents from your landlord, including rent receipts and written notices.
- If there is an inspection at move-in or move-out, ask for a written inspection report.
It’s smart to Guide to the Initial Rental Property Inspection for Tenants when starting a new tenancy.
6. Applying to the Residential Tenancies Tribunal
- If you have an issue—like an unreturned deposit or improper rent increase—you can apply to the Tribunal for dispute resolution.
- Form: Application for Resolution of a Dispute (Form 4)
- Example: If your landlord refuses to return your deposit, submit Form 4 to begin a claim with the Tribunal, including your evidence.
7. How Security Deposits Are Returned
- Landlords must return your deposit, with interest, within seven days of the end of the tenancy, unless they apply to keep it for damages or unpaid rent.
- If the landlord wants to keep part of your deposit, they must file an application within the same time period.
To improve your chances of a full refund, leave the unit clean, take photos, and do a final walkthrough with your landlord if possible.
8. When Can a Landlord Keep All or Part of a Deposit?
- Only for unpaid rent, cleaning expenses, or repairing damages beyond normal wear and tear—and only with Tribunal approval if you disagree.
9. Ending a Tenancy: Notice Requirements
- You need to give your landlord written notice before moving out—typically at least one month's notice for a month-to-month lease.
- Use the Notice of Termination by Tenant (Form 8).
- Example: To end your lease on June 30, provide written notice no later than May 31.
10. Disputes and Tenancy Rights
- If you disagree with a rent increase, deposit deduction, or eviction, contact the Residential Tenancies Tribunal of New Brunswick promptly.
- Find information about rights in Tenant Rights and Landlord Rights in New Brunswick.
New Brunswick tenants can also Browse apartments for rent in Canada to find a home that fits their needs.
FAQ for New Brunswick Renters
- Can my landlord increase my rent however much they want?
There is no limit to rent increases in New Brunswick, but landlords must give at least three months' written notice, and increases can only happen once every 12 months. - How do I get my security deposit back?
Your landlord must return your deposit within seven days of the tenancy ending, unless claiming it for unpaid rent or damages. If there’s a dispute, you can apply to the Tribunal. - What happens if my landlord refuses to give me a rent receipt?
Landlords are legally required to give you a rent receipt if you ask for one. Keep all payment records and request receipts in writing if necessary. - Do I need to sign a lease for my tenancy to be valid?
No, but a written lease protects both you and your landlord. Verbal agreements are valid but harder to prove in a dispute. - How do I end my lease properly?
Use the official Notice of Termination (Form 8), give at least one month's written notice, and keep a copy for your records.
How To: Navigating Rent and Deposit Issues in New Brunswick
- How to file a complaint if your deposit isn’t returned:
1. Gather all relevant documents (lease, payment receipts, inspection reports).
2. Complete the Application for Resolution of a Dispute (Form 4).
3. Submit your application to the Residential Tenancies Tribunal.
4. Await further instructions and hearing details from the Tribunal. - How to challenge a rent increase:
1. Review the written rent increase notice.
2. If you believe the notice isn’t valid or the increase is unreasonable, contact the Tribunal immediately.
3. Provide copies of your lease and any written notices. - How to provide proper notice when moving out:
1. Obtain the Notice of Termination by Tenant (Form 8).
2. Fill out the form and deliver it to your landlord at least one full rental period in advance.
3. Keep a copy for your records.
Key Takeaways for New Brunswick Renters
- Your deposit cannot exceed one month’s rent and must be returned with interest.
- Written notice is required for rent increases and ending leases—keep all documents.
- If you have a dispute, forms and the Tribunal process offer valuable protection.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick – Information, forms, and dispute resolution
- Residential Tenancies Act (official legislation)
- For a quick overview of tenant rights: Tenant Rights and Landlord Rights in New Brunswick
- Residential Tenancies Act, official text
- Forms and tenant resources: Residential Tenancies Tribunal of New Brunswick
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