Can My Landlord Demand Rent Before the Lease Starts in New Brunswick?

If you’re renting in New Brunswick and your landlord is asking you for rent before your lease officially begins, you may be unsure what your rights are or what the law allows. Understanding when rent is due, what counts as a deposit, and how to handle demands for advance rent can help you protect yourself and start your tenancy confidently and legally.

Your Rights and Legal Protections in New Brunswick

In New Brunswick, residential tenancy is regulated by the Residential Tenancies Act¹. The legal body responsible for tenancy matters is the New Brunswick Residential Tenancies Tribunal.

When Is Rent Due?

According to New Brunswick law, rent is typically due on the first day of each rental period, often the first day of the month, except if your lease specifies a different payment schedule. Your landlord cannot legally require you to pay rent for a period before your tenancy (lease) actually begins.

• If your lease starts on June 1, your first rent payment should cover June 1–30 and shouldn’t be required before that.
• Any request for "first and last month’s rent" or similar payment upfront is not allowed in New Brunswick. Only a security deposit up to one month’s rent is permitted, and it is strictly regulated.

Security Deposits vs. Early Rent: Know the Difference

In New Brunswick, landlords are allowed to collect a security deposit (also called a "damage deposit"). This is separate from rent and may not exceed one month's rent. The law strictly prohibits landlords from asking for additional months' rent upfront as "advance" or "prepaid" rent.

To learn more about legal deposits, visit Understanding Rental Deposits: What Tenants Need to Know.

What To Do If Your Landlord Demands Advance Rent

If you’re being asked for rent before your lease actually starts, here’s what you can do:

• Ask your landlord for clarification: Politely request in writing that they explain exactly what the payment is for. Is it a deposit, rent, or something else?
• Refer them to New Brunswick law: Inform your landlord that, under the Residential Tenancies Act, advance payment of rent before your lease begins is not allowed.
• Contact the Residential Tenancies Tribunal: If your landlord insists, reach out to the New Brunswick Residential Tenancies Tribunal for guidance or to file a complaint if needed.

Required Forms and How to Use Them

• Application for Assistance Form (Form 12): Use this form if you have a dispute over advance rent with your landlord. It can be submitted to the Residential Tenancies Tribunal for official assistance. Find the form on the Tribunal’s forms page.
  Example: If your landlord refuses to rent to you unless you pay rent in advance, fill out and submit Form 12 to request the Tribunal’s intervention.

What If You Already Paid?

If you have already paid rent before your lease started:

• Ask your landlord (in writing) to clarify how the payment will be used.
• Request a receipt and written confirmation that this will be credited to your first month’s rent, not treated as an extra deposit.
• If your landlord does not return the pre-lease rent or misuses the payment, contact the Tribunal.

Paying Rent: Do’s and Don’ts

For tips on managing your payments, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Key Legislation and Where to Learn More

The main law that governs your rights is the New Brunswick Residential Tenancies Act. You may also want to review your lease and ensure its start date is clearly listed. For details on tenant and landlord responsibilities, check out the page on Common Issues Tenants Face and How to Resolve Them.

FAQ: Rent Payment Issues Before the Lease Starts in New Brunswick

1. Can a landlord require the first and last month’s rent upfront in New Brunswick?
   No. Landlords can only request a security deposit (up to one month’s rent) before your tenancy starts. Advance payment of rent for periods beyond the first rental period is not allowed.
2. What should I do if my landlord insists on rent before my lease starts?
   Ask for this request in writing and contact the Residential Tenancies Tribunal for advice or to file a complaint if your landlord doesn’t follow the law.
3. Is my security deposit also my first month’s rent?
   No. Your security deposit is separate from rent. The security deposit can only be used for unpaid rent or damages at the end of the tenancy, not for your first month’s payment.
4. What if I already paid advance rent and regret it?
   Request a written record of the payment and contact the Tribunal if you believe your landlord is not handling the payment according to the law.
5. Where can I see more about my rights as a New Brunswick tenant?
   Visit Tenant Rights and Landlord Rights in New Brunswick for a comprehensive overview.

Conclusion: What Every Tenant in NB Should Remember

• You are not required to pay rent before your lease starts in New Brunswick, except for a legal security deposit.
• If your landlord insists, ask questions, refer to the law, and contact the Tribunal for support.
• Always get receipts and keep correspondence in writing.

If you ever need to find a rental that fits your rights and needs, Find rental homes across Canada on Houseme for peace of mind and transparent listings.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: For disputes or general information on your rental rights, visit the official Tribunal page or call 1-888-762-8600.
• New Brunswick Public Legal Education and Information Service: Visit Tenants and Landlords: Public Legal Information for plain-language guides.
• For a fast legal overview, see Tenant Rights and Landlord Rights in New Brunswick.

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1. Residential Tenancies Act, New Brunswick
2. Residential Tenancies Tribunal Official Forms
3. New Brunswick Residential Tenancies Act (PDF)

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