5 Essential Facts About Rent and Deposits for Tenants in New Brunswick

Renting a home in New Brunswick means understanding your rights about how rent is set, increases, and what happens to your deposit. Each province has unique tenancy rules, so if you’re renting in New Brunswick, it’s important to know the basic protections and steps to safeguard yourself as a tenant. Knowing these essentials can help prevent disputes and protect your financial interests during your tenancy.

1. Security Deposit Limits and Protections

In New Brunswick, a landlord can only request a security deposit equal to one month's rent. This deposit is not a fee—it's held as security in case you owe money or damage the property when you move out.

• The landlord must deposit your security deposit at Service New Brunswick within 15 days of receiving it.
• Your deposit collects interest, and you’re entitled to the accrued amount when you move out.
• You should receive a receipt confirming your deposit and where it's held.

For a comprehensive overview of deposits—including what is and isn't allowed—visit Understanding Rental Deposits: What Tenants Need to Know.

2. Payment of Rent: How and When

Rent is usually due on the first day of the month unless your lease says otherwise. Ensure you pay by the agreed-upon date and get a written receipt for each payment. If you are ever late with rent, your landlord must give you a formal notice before starting eviction proceedings.

The rules cover:

• No penalties for rent paid a day or two late unless your agreement specifically allows for late fees.
• Landlords cannot require post-dated cheques or automatic payments, although you may choose these methods if convenient.

Find more about your rent payment rights in our Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

3. Getting Your Deposit Back

At the end of your tenancy, your deposit is returned unless you owe rent or have caused property damage (beyond normal wear and tear). Landlords and tenants should inspect the property together, and any deduction must be itemized and justified. The landlord must request to keep part or all of the deposit by filing an application with the Residential Tenancies Tribunal, unless you agree in writing to the deduction.

If everything is in order, tenants will receive their security deposit with interest. If you disagree with a deduction, you can dispute it through the Tribunal.

Official Deposit Return Form

• Form: Application for Release of Security Deposit (download from Service New Brunswick)
  Use this form to request the release of your deposit at the end of your tenancy. Example: You have moved out and your landlord agrees you owe nothing—complete and submit this form to receive your funds.

4. Rent Increases: Notice and Limits

In New Brunswick, landlords can increase rent once every 12 months and must provide at least three months’ written notice. There is currently no government-set cap on the amount of a rent increase, but the increase must be reasonable. The notice should state:

• The amount of the new rent
• The date it will take effect

Tenants can challenge an unreasonable increase by applying to the Residential Tenancies Tribunal of New Brunswick.

5. Understanding Your Tenancy Agreement

Your rental agreement (oral or written) outlines your responsibilities and your landlord’s. Review it before signing, and keep a copy. If you have questions about what’s in your lease, seek advice early.

For an overview of key rights and duties for both parties, see Tenant Rights and Landlord Rights in New Brunswick.

Residential Tenancies in New Brunswick: The Tribunal and Law

All tenant-landlord issues in New Brunswick are handled by the Residential Tenancies Tribunal. The relevant legislation is the Residential Tenancies Act of New Brunswick^[1].

For tips on a smooth transition into your new rental, including inspection steps and your obligations, explore our Obligations of Landlords and Tenants: Rights and Responsibilities Explained page.

Need help searching for rental homes in New Brunswick or across Canada? Find rental homes across Canada on Houseme and discover safe, up-to-date listings anywhere in the country.

FAQs About Rent and Security Deposits in New Brunswick

1. How much security deposit can a landlord charge in New Brunswick?
   Landlords are allowed to collect a security deposit up to one month's rent, paid at the start of the lease.
2. How long does a landlord have to return the deposit after I move out?
   Once your tenancy ends, Service New Brunswick processes the release of your deposit, usually within 7 business days of submitting the proper release form and all parties agreeing.
3. How much notice is required for a rent increase?
   Your landlord must give you at least three months’ written notice before increasing the rent, and the increase can occur only once every 12 months.
4. Can I dispute deductions from my deposit?
   Yes. If you disagree with your landlord’s claim on your deposit, you can file a dispute with the Residential Tenancies Tribunal before the deposit is released.
5. Where is my security deposit held during my tenancy?
   The security deposit is held by Service New Brunswick, not by the landlord.

How To Handle Rent and Deposit Issues in New Brunswick

1. How do I apply to get my security deposit back?
   Complete the Application for Release of Security Deposit form from Service New Brunswick, ensure your landlord co-signs or that you list any disputes, and submit it for processing after moving out.
2. How do I challenge an unreasonable rent increase?
   Apply to the Residential Tenancies Tribunal within the notice period, providing documentation and reasons why the increase is not fair.
3. How do I make a complaint about improper deposit handling?
   Contact the Tribunal using the official complaint process, providing receipts, your lease, and any related correspondence for reference.

Key Takeaways

• Security deposits in New Brunswick are strictly regulated and protected by law.
• Rent increases require three months’ written notice and may be challenged if they appear unfair.
• All disputes and applications (like deposit release) are handled by the Residential Tenancies Tribunal.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Forms, guides, and tribunal contacts
• Official Forms: Service New Brunswick (Tenancy, deposit, and complaint forms)
• Tenant advocacy: Public Legal Education and Information Service of New Brunswick

1. Residential Tenancies Act of New Brunswick