Understanding your rights as a tenant in New Brunswick helps you avoid paying illegal fees that landlords sometimes try to charge. The Residential Tenancies Tribunal oversees rental housing issues in the province, providing guidance and dispute resolution. This article outlines which charges are unlawful, how you can respond, and where to seek help if you’re facing questionable or unexpected rental fees.
What Are Illegal Fees in New Brunswick?
Under New Brunswick’s Residential Tenancies Act, landlords can only charge fees or deposits that are expressly allowed by law. Any other charges—no matter how common they may seem—are considered illegal and do not have to be paid by tenants.[1]
Examples of Illegal Fees
- Key money: Any extra payment required just to sign a lease or secure a rental, such as "application fees" or "lease preparation fees." These are prohibited.
- Non-refundable cleaning or pet fees: While a landlord may agree to a refundable damage deposit, non-refundable charges or mandatory pet fees are illegal.
- Extra charges for basic repairs and maintenance: Routine wear-and-tear repairs cannot be charged to tenants. For more info, see Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.
- Move-in or move-out inspection fees: Landlords cannot demand payment for conducting standard inspection walkthroughs.
- Mandatory insurance purchase fees: A landlord cannot require you to buy insurance through a specific provider or charge a fee for not having insurance, though they may ask you to have it on your own.
Certain lawful charges—like a refundable security deposit (one month's rent maximum) or late payment penalties clearly stated in the lease—are permitted. All others are not.
Common Scenarios: What to Watch For
- Being asked for a non-refundable cleaning fee as a condition of moving in
- Seeing “administration” or “lease renewal” fees listed on your rent invoice
- Landlords asking for a fee to process your application or hold your unit
If any of these situations arise, you have the right to refuse and can cite the Residential Tenancies Act as your legal protection. Learn more about security deposits in Understanding Rental Deposits: What Tenants Need to Know.
Disputing and Reporting Illegal Fees
If you’re being charged an illegal fee:
- Do not pay the fee—advise the landlord that such charges are not permitted under New Brunswick law.
- Document all requests or communications from your landlord about the fee.
- If the landlord insists or withholds your deposit or access to your rental, you can file a complaint with the Residential Tenancies Tribunal.
Filing a Complaint: Official Forms
- Form 9: Application by Tenant – Use this to dispute illegal fees or address any issues where your rights as a tenant have been violated.
Access and submit online via the Residential Tenancies Tribunal portal. Example: If your landlord is withholding your keys without payment of an illegal fee, submit Form 9 promptly.
It’s advisable to provide copies of all receipts, emails, or texts as evidence when submitting your complaint.
Your Rights and Preventing Future Issues
Understanding what is—and isn’t—permitted helps you avoid unfair financial burdens. Read your lease closely. If you spot unauthorized charges, request removal before signing. For more on negotiating your lease, see What Tenants Need to Know After Signing the Rental Agreement.
Summary of Tenant Protections
- You cannot be charged any up-front or periodic fees that are not specifically allowed by the Residential Tenancies Act.
- Common illegal fees include application fees, move-in/move-out fees, and mandatory cleaning charges.
- The Tribunal can help resolve disputes or recover sums wrongly charged.
To learn more about your rights, see Tenant Rights and Landlord Rights in New Brunswick.
For a wide range of available homes and apartments, Browse apartments for rent in Canada on Houseme.ca. This can help you avoid questionable rental practices in your next move.
Frequently Asked Questions
- Can a landlord charge me a non-refundable cleaning fee in New Brunswick?
No, non-refundable cleaning fees are not permitted under the Residential Tenancies Act. Only lawful and refundable damage deposits are allowed. - Do I have to pay a lease renewal or administration fee?
No. These charges are not authorized by New Brunswick law and are considered illegal. Tenants may refuse to pay these fees. - What should I do if my landlord insists on an illegal fee?
Politely decline, document the request, and if necessary, submit Form 9 to the Residential Tenancies Tribunal to dispute the charge. - Are application or viewing fees allowed?
No. Landlords cannot charge any fee for processing rental applications or to show you a unit. - If I accidentally paid an illegal fee, can I get it back?
Yes. Tenants can file a complaint with the Tribunal to recover mistakenly paid illegal fees. Include all receipts or proof of payment.
Key Takeaways for New Brunswick Tenants
- Most fees beyond the official deposit are not allowed and are illegal under the law.
- Document all requests for payment and never pay for basic tenant rights like lease signing or applications.
- The Residential Tenancies Tribunal is your resource for resolving disputes or recovering illegal payments.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick: File complaints or get information.
- Tenant Advocacy Groups: Contact local legal aid services or the New Brunswick Legal Aid Commission for additional support.
- For further reading on your rights and responsibilities, see Tenant Rights and Landlord Rights in New Brunswick.
