Illegal Lease Clauses in New Brunswick: A Tenant’s Guide

When you sign a rental agreement in New Brunswick, both you and your landlord must follow the law. But not all the wording in a lease is automatically legal—even if you signed it. Understanding what a landlord cannot legally include in a lease helps you protect your rights and avoid unfair treatment.

Who Oversees Rental Agreements in New Brunswick?

All landlord and tenant matters in New Brunswick are overseen by the Residential Tenancies Tribunal of New Brunswick. This Tribunal ensures both parties follow the province’s main rental law: the Residential Tenancies Act (SNB 2012, c.111)^[1].

Common Lease Clauses That Are Illegal in New Brunswick

New Brunswick’s rental laws protect tenants from unfair or abusive lease conditions. Here are some examples of clauses that cannot be enforced in your rental agreement—even if you’ve agreed to them:

• Non-Refundable Deposits: Landlords cannot ask for any deposit that is not returned at the end of your tenancy, except the legal security deposit (which must be refundable as per the Act).
• Mandatory Cleaning Fees: Leases cannot require you to pay non-refundable cleaning fees before moving out. You are responsible only for ordinary cleaning and repairs beyond "normal wear and tear."
• Waiving Legal Rights: Any lease clause saying you give up rights under the Residential Tenancies Act is illegal and void.
• Automatic Eviction Clauses: Leases cannot say you will be automatically evicted if you break a rule. Eviction must always follow a legal process.
• Unreasonable Entry: Landlords cannot add a clause allowing them to enter your unit any time without notice, except in emergencies. The law requires proper notice in most situations.
• Rent Increases Without Notice: Clauses allowing rent raises without proper written notice and outside of legal timeframes are not valid.
• Excessive Penalties: Any clause that imposes extra financial penalties not allowed under law—like fines for late rent beyond what is stated in the Act—is illegal.
• Bans on Legal Action: Clauses preventing you from seeking help from the Tribunal or filing complaints are not enforceable.

This summary covers the most frequent illegal clauses seen in residential leases throughout the province. For a full outline of your rights and protections, see Tenant Rights and Landlord Rights in New Brunswick.

What If My Lease Contains an Illegal Clause?

According to the Act, any clause that is contrary to provincial tenancy law is void and unenforceable. You do not have to comply, and your landlord cannot use it against you even if it appears in your signed lease.

Deposits: What is Allowed and What is Not?

Security deposits in New Brunswick are tightly regulated. Landlords can ask for a security deposit of no more than one week’s rent for weekly tenancies, or one month’s rent for all other tenancies. Deposits must be held in trust and returned at the end of your tenancy, provided you meet legal move-out conditions. They cannot charge non-refundable or extra deposits for pets or cleaning.

For more information about legal deposit rules, see Understanding Rental Deposits: What Tenants Need to Know.

Forms You May Need If You Discover an Illegal Clause

If you need to address an illegal lease clause, you can file a dispute with the Tribunal.

• Application to Director (Form 6) – Use this form to ask the Tribunal to review a term in your lease or decide on a tenancy dispute.
  Download Form 6 from New Brunswick’s official website.
  Example: If your lease has a non-refundable deposit clause, use Form 6 to request a ruling that the clause is invalid.

How to use Form 6: Fill out the form with details about your rental, the specific lease clause, and what decision or help you want. Send it to the Tribunal’s main office. Their contact information is provided in the resources section below.

How to Protect Yourself When Reviewing a Lease

Before you sign a new lease, always:

• Read every section carefully, including small print and schedule attachments
• Watch for any of the illegal clauses listed above
• Ask for clarification or demand changes if you see questionable language
• Consult the Residential Tenancies Tribunal if unsure

For additional guidance on starting a new rental, see What Tenants Need to Know After Signing the Rental Agreement.

For tenants searching for their next home, you can Browse apartments for rent in Canada to see up-to-date, tenant-friendly listings nationwide.

FAQ: Lease Clauses and Tenant Rights in New Brunswick

1. Can my landlord add extra fees in my lease for pets or cleaning?
   No, non-refundable or extra deposits and fees for pets or cleaning are not allowed. Only a refundable security deposit is permitted, up to the legal maximum.
2. If I signed a lease with an illegal clause, am I bound by it?
   No. Even if you signed, illegal clauses are not enforceable under New Brunswick law.
3. How can I challenge an illegal lease term?
   You can use Form 6: Application to Director to file a dispute or contact the Residential Tenancies Tribunal for help.
4. Is my landlord allowed to enter my rental without notice?
   Only in emergencies. Clauses that allow entry at any time without notice are illegal.
5. Where can I check my full rights as a tenant in New Brunswick?
   Refer to Tenant Rights and Landlord Rights in New Brunswick for comprehensive information.

Key Takeaways for Tenants

• Illegal lease clauses cannot be enforced, even if you signed the agreement.
• All tenants are protected by the Residential Tenancies Act, which overrides the lease.
• If unsure, always contact the Residential Tenancies Tribunal for free help before acting.

Reviewing your lease with care can help you avoid most common problems and ensure your renting experience is fair.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Main authority for rental disputes and lease questions
• Phone: 1-888-762-8600 | Email: rentals@gnb.ca
• Download forms and guides: Official NB Tenancy Forms and Documents
• Full overview: Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act, SNB 2012, c.111, via Government of New Brunswick
2. Residential Tenancies Tribunal (NB official site)

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