Above-Guideline Rent Increases in New Brunswick: Tenant Guidance

Facing a rent increase above the regular guideline in New Brunswick can be stressful for tenants. Knowing your rights and responsibilities can help you respond confidently while ensuring your rent remains fair and lawful. This article explains how above-guideline rent increases work in New Brunswick, how they're regulated, and what practical steps tenants can take.

What is an Above-Guideline Rent Increase?

In New Brunswick, most rent increases are subject to rules set by the provincial government. An above-guideline rent increase (AGRI) is when a landlord asks for an increase above the usual limits, typically to cover major repairs, renovations, or substantial increases in property taxes. These rules help protect tenants from sudden and unreasonable increases.

Who Oversees Rent Increases in New Brunswick?

The Office of the Rentalsman is the official body handling residential tenancies in New Brunswick. It is responsible for administering the Residential Tenancies Act^[1], which sets out how and when rent can be increased.

How Do Above-Guideline Rent Increases Work?

Generally, there is no provincially-set cap on rent increases in New Brunswick, but landlords must provide tenants with proper advance written notice before increasing rent. For increases due to significant repairs or other unusual situations, landlords might request higher-than-normal rent adjustments, sometimes called above-guideline increases.

• Landlords must give tenants at least three months’ written notice before any rent increase takes effect.
• Notice must specify the new rent amount and the date the increase will begin.
• Such notices should be delivered using the proper form from the Office of the Rentalsman.

While New Brunswick does not set a strict percentage guideline (unlike some provinces), tenants can still dispute increases they believe are unreasonable or unjustified.

Form: Notice of Rent Increase (Form 3)

Form Name: Notice of Rent Increase (Form 3)
When to Use: Landlords must provide tenants with this form at least three months before the increase.
Where to Find: Download from the official source.
Example: If your landlord wishes to raise your rent above the usual amount, they must provide you with this completed form at least 3 months in advance. Review the notice carefully—if you believe the increase is excessive or not properly justified, you have the right to dispute it with the Rentalsman.

Your Rights When Facing an Above-Guideline Increase

As a tenant, you do not have to accept an above-guideline rent increase if you believe it is unfair or contravenes New Brunswick's tenancy laws. You can respond in the following ways:

• Review the written notice: Ensure it contains all required information and was provided at least three months in advance.
• Request documentation: Ask your landlord for details or receipts justifying the increase—such as expenses from major repairs.
• Apply to the Rentalsman: If you think the increase is unreasonable, you can file a complaint or dispute with the Office of the Rentalsman.

Steps to Dispute a Rent Increase

• Gather relevant documents (rental agreement, rent increase notice, correspondence).
• Complete the Complaint Form (Form 10) from the Office of the Rentalsman website.
• Submit your complaint within the legal time frame (before the new rent takes effect).
• The Rentalsman will review your complaint and decide if the increase is justified.

For further details on the process, read the Understanding Rent Increases: What Tenants Need to Know page.

Related Tenant Obligations and Repayment

Remember, you must continue paying your current rent until the dispute is resolved. For more about rent payment responsibilities, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

You can also Find rental homes across Canada on Houseme if your current rental situation changes or you’re seeking better housing options.

To understand all provincial rules, see the Tenant Rights and Landlord Rights in New Brunswick page.

FAQ: Above-Guideline Rent Increases in New Brunswick

1. Can my landlord raise my rent by any amount?
   New Brunswick does not set a maximum percentage for rent increases. However, any increase must be provided with proper notice and tenants can dispute amounts they feel are unfair.
2. How much notice does my landlord have to give before increasing rent?
   Your landlord must give a minimum of three months' written notice using the official form.
3. What do I do if I think the rent increase is unjustified?
   You can file a complaint with the Office of the Rentalsman using the proper complaint form before the new rent takes effect. Provide all related documents for your case.
4. Will my landlord need to prove why a higher increase is needed?
   Yes—especially if the increase is due to major repairs or renovations, your landlord should be able to provide evidence or documentation supporting the increased costs.

Conclusion: Key Takeaways for Tenants

• Landlords must give at least three months’ written notice for rent increases, including above-guideline requests.
• Tenants can dispute any rent increase they believe is unfair by contacting the Office of the Rentalsman and using the correct forms.
• Always keep written records and seek help if a rent increase seems unreasonable.

Knowing your rights and the correct procedures helps keep housing fair and affordable.

Need Help? Resources for Tenants

• Office of the Rentalsman: Information, dispute forms, and tenant advocacy in New Brunswick.
• Read more about your rights and responsibilities: Tenant Rights and Landlord Rights in New Brunswick
• New Brunswick Residential Tenancies Tribunal: Online applications and legal information.
• For rental listings and searching options beyond your current unit, Find rental homes across Canada on Houseme.

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1. Residential Tenancies Act of New Brunswick
2. Office of the Rentalsman - Government of New Brunswick

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