Challenge an Illegal Rent Increase in New Brunswick

If you're renting in New Brunswick and facing a rent increase that seems unfair or doesn't follow the rules, you're not alone. The process for rent increases in New Brunswick is governed by specific legislation, and tenants have strong rights and tools to challenge illegal rent increases. This guide will walk you through how to determine if your rent hike is legal, the steps to dispute it, and where to find official support resources in the province.

Understanding Rent Increases in New Brunswick

Unlike some other provinces, New Brunswick does not have a fixed rent increase guideline. However, landlords must provide advance notice and follow the rules set by the Residential Tenancies Act ^[1]. If a landlord fails to give proper notice or increases rent for unlawful reasons, tenants have the right to challenge that increase.

When Is a Rent Increase Illegal?

• The landlord did not provide at least three months’ written notice before the increase takes effect.
• The increase occurs more than once in a 12-month period for the same unit and tenant.
• No lease or rental agreement clause allows such an increase at that time.

For more context on how rent increases work, see Understanding Rent Increases: What Tenants Need to Know.

Who Handles Rent Disputes?

In New Brunswick, residential tenancy matters are overseen by the Residential Tenancies Tribunal. This tribunal processes complaints about illegal rent increases, mediates disputes, and makes binding decisions.

How to Respond to an Illegal Rent Increase

If you believe your rent increase is illegal, you don't have to accept it. Challenging it is your right as a tenant and helps ensure fair treatment for all renters in New Brunswick. Here’s how to take action:

Step 1: Review Your Notice and Lease

• Check if your landlord gave at least three months’ written notice.
• Confirm the last rent increase date.
• Look for any special conditions in your lease.

Understanding your Tenant Rights and Landlord Rights in New Brunswick is crucial at this stage.

Step 2: Talk to Your Landlord

• Raise your concerns calmly and ask for clarification.
• Keep a written record of your communication.

Sometimes misunderstandings can be resolved without formal action.

Step 3: File a Complaint with the Residential Tenancies Tribunal

If you can’t resolve the issue directly, you can file an official complaint. The main form you’ll need is:

• Application for Assistance (Form 6): Used to start a dispute about an illegal rent increase or other tenancy issue.
  Download Application for Assistance (Form 6)
  Example: You received a rent hike notice with only one month's warning. You would use Form 6 to challenge this with the Tribunal.

Include supporting documents such as your notice, lease agreement, and any relevant correspondence.

Step 4: Attend the Tribunal Hearing (if Required)

• The Tribunal may try to resolve the dispute through mediation or by making a decision based on evidence you and your landlord provide.
• Attend all meetings or hearings and provide requested documents on time.

Your Rights and Protections

The Residential Tenancies Act protects tenants from unfair rent practices. If the Tribunal finds the increase was illegal, your rent will stay at the previous legal amount. You cannot be evicted just for exercising your rights afforded under the Act.

Related Topics

• For a broader understanding of after-lease issues, consider reading Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
• To help with your rental search, you can Browse apartments for rent in Canada.

Frequently Asked Questions

1. How much advance notice must my landlord give for a rent increase in New Brunswick?
   Landlords must give at least three months’ written notice before increasing rent.
2. Can my landlord raise the rent more than once a year?
   No, rent can typically only be increased once every 12 months for the same tenant and unit.
3. What if the landlord did not provide proper notice?
   The increase is not valid until proper notice is given; you can file a dispute with the Residential Tenancies Tribunal.
4. Is there a limit to how much my rent can go up?
   New Brunswick does not have a set percentage or guideline, but increases must follow notice and timing rules and cannot be unreasonable or discriminatory.
5. Can I be evicted for disputing a rent increase?
   No, it's illegal for a landlord to evict you for exercising your rights under the Residential Tenancies Act.

Key Takeaways

• Always check your lease and the law before accepting a rent increase.
• Use official forms and Tribunal processes to challenge illegal rent hikes.
• Keep documentation and know that you cannot be evicted simply for challenging an unlawful rent increase.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal — official information, complaint forms, and contact details.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) — free legal resources for tenants.
• Tenants can also get referrals to local tenant advocacy groups by contacting Service New Brunswick at 1-888-762-8600.

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1. [1] Residential Tenancies Act, New Brunswick

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