Above-Guideline Rent Increase Dispute Cases in New Brunswick

Tenants in New Brunswick may sometimes be faced with rent increases that exceed the normal standards. Understanding the legal precedents for above-guideline rent increases can help you prepare effectively if you’re involved in a dispute. This article guides tenants through relevant cases, the current rules under provincial law, and practical steps for challenging rent increases effectively.

Understanding Rent Increase Rules in New Brunswick

In New Brunswick, rent increases in existing tenancies are regulated by the Residential Tenancies Act (New Brunswick)¹. Landlords can increase rent, but the amount and timing are restricted by law. Since changes in 2022, landlords must give at least three months’ written notice before increasing rent, and tenants have the right to dispute if they believe an increase is unreasonable.

Some rent increases might be considered ‘above-guideline’, usually when the landlord claims exceptional expenses (such as major repairs or capital improvements). When this occurs, tenants can file a dispute with the Office of the Residential Tenancies Tribunal of New Brunswick (Residential Tenancies Tribunal).

Key Precedents and How Disputes Are Handled

New Brunswick’s tenant-landlord disputes are decided by the Residential Tenancies Tribunal. In recent years, tribunal decisions have clarified several important points regarding above-guideline rent increases:

• Burden of proof: Landlords must justify why an increase is higher than normal, by showing detailed cost breakdowns or invoices for repairs.
• Tribunal consideration: The Tribunal reviews if the repairs qualify, their necessity, and whether the cost should be passed to tenants.
• Tenant right to dispute: Tenants can dispute an increase on grounds that the improvements were not necessary, or costs are excessive.

Although the Tribunal does not publish every decision, summaries highlight the importance of tenants providing clear reasons for disputing and responding quickly to Tribunal notices.

How to Dispute an Above-Guideline Rent Increase

If you receive a notice of rent increase, and you believe it’s more than what is fair or allowed, you can challenge it. Here is what you need to do:

• Carefully read the Notice of Rent Increase provided by your landlord.
• Gather any relevant documentation, such as your current lease and maintenance records.
• Contact the Tribunal quickly if you wish to object. You have up to 15 days after receiving the notice to file a dispute.

Knowing your rights can give you confidence to challenge increases that seem unfair. For more information about general rent increase rights, see Understanding Rent Increases: What Tenants Need to Know.

Official Tribunal Forms: How and When to Use Them

• Notice of Objection to a Rent Increase (Form 3): If you wish to dispute a rent increase, complete this form and submit it to the Residential Tenancies Tribunal within 15 days of getting your notice.
  Practical example: If a landlord increases rent after major renovations and you believe it’s too high or unnecessary, use this form.
  Download Form 3: Notice of Objection²

Key Tenant Rights and Tips

• You are entitled to a minimum three-month written notice before any rent increase takes effect.
• If a landlord claims major repairs justify a large increase, you can request details, such as invoices or quotes.
• If you need help understanding your rights, Tenant Rights and Landlord Rights in New Brunswick offers an overview tailored for residents of the province.
• For more advice on living arrangements, payments, and problem-solving as a tenant, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

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Frequently Asked Questions about Rent Increase Disputes

1. How much notice is required for a rent increase in New Brunswick?
   Landlords must provide at least three months’ written notice before any rent increase can take effect.
2. Can all rent increases be disputed?
   No, only rent increases that appear excessive or above the guideline (such as those due to major repairs) can be disputed using the appropriate form.
3. Where do I submit my rent increase objection?
   Objections should be submitted to the Residential Tenancies Tribunal, either online or in person, using Form 3.
4. What happens after I dispute a rent increase?
   The Tribunal will review your objection, possibly request more information, and make a formal decision that both you and your landlord must follow.
5. Where can I get help if I don't understand part of the process?
   You can contact the Residential Tenancies Tribunal for guidance or reach out to local tenant support resources listed below.

Conclusion: Key Takeaways for Tenants

• Tenants in New Brunswick have strong rights to challenge above-guideline rent increases through a formal process.
• Always act quickly—deadlines are tight, and missing them can end your right to dispute.
• Support and templates are available directly from the Residential Tenancies Tribunal and official government websites.

By understanding the process and using the correct forms, you can ensure your housing remains affordable and your rights are protected.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick — Official info, forms, and dispute submission
• Toll-free landlord and tenant line: 1-888-762-8600 (Mon-Fri, 8:30–4:30)
• Residential Tenancies Act (current legislation)
• For a broad overview, visit Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act, SNB 1975, c R-10.2
2. Notice of Objection to a Rent Increase (Form 3), Government of New Brunswick

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