Is Your Rent Increase Legal? A Guide for New Brunswick Tenants

Receiving a notice of rent increase can be stressful, especially if you're unsure whether it's allowed under New Brunswick law. As a tenant, understanding the rules around rent increases ensures you aren't paying more than you should. This guide will help you check if your upcoming rent increase is legal and show you what to do if it isn't.

Who Regulates Rent Increases in New Brunswick?

Residential tenancies in New Brunswick are overseen by the Residential Tenancies Tribunal. This tribunal enforces the Residential Tenancies Act of New Brunswick. All rent increase rules and notice periods come from this legislation and tribunal guidance.^[1][2]

Can My Landlord Increase My Rent?

Yes, landlords can increase rent, but they must follow key rules. There is currently no set rent cap in New Brunswick (2024), but there are strict requirements around timing and notification.

Key Rules for Rent Increases

• Landlords must provide at least 3 months' written notice before a rent increase.
• Rent cannot be increased during a fixed-term lease (until it expires), unless otherwise specified in your agreement.
• There is no limit on the amount of increase, but it cannot be done in retaliation, discrimination, or in bad faith.
• Only one rent increase is allowed every 12 months for existing tenants.

If any of these steps aren't followed, the increase may be invalid.

How to Check If Your Rent Increase Is Legal

Here's how you can verify if your rent hike follows New Brunswick law:

• Review Your Rental Agreement: Does your lease specify conditions for increasing rent? If it's a fixed-term lease, rent shouldn't change until renewal unless the agreement allows it.
• Check the Notice You Received: The landlord must give written notice at least 3 months before the new rent takes effect. It should state:
• The current rent amount
• The proposed new rent
• The date the increase will begin
• Timing of the Last Increase: Rent can't be raised more than once in a 12-month period.

For more details about when rent can be changed and your rights around payments, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Official Form: Notice of Rent Increase

• Form: "Notice of Rent Increase" (no official number)
• When Used: Landlords must use this form to give tenants written notice at least 3 months before the increase
• Tenant Example: If you get a form that doesn't specify all details, or if it comes late, contact the Residential Tenancies Tribunal immediately.
• Download the Notice of Rent Increase (New Brunswick)

What to Do If You Think Your Rent Increase Is Not Legal

If you believe the increase doesn't follow the law, you can:

• Contact the Residential Tenancies Tribunal for advice or complaint process
• Write a letter to your landlord (keep a copy for your records) explaining why the increase is not valid
• File a formal complaint with the tribunal if the issue isn't resolved

You can find comprehensive details about provincial rental rights on Tenant Rights and Landlord Rights in New Brunswick.

Additional Resources for Tenants

• If you need practical advice for handling rent increases, see Understanding Rent Increases: What Tenants Need to Know.
• To search for new affordable rentals, Find rental homes across Canada on Houseme.

FAQ: Rent Increase Laws for Tenants in New Brunswick

1. How much notice must my landlord give me before increasing rent in New Brunswick?
   Landlords must provide tenants with written notice at least 3 months before the increase takes effect.
2. Is there a maximum limit on how much rent can be increased?
   No, there is currently no provincial cap in New Brunswick, but only one increase is allowed every 12 months and must not be in bad faith.
3. What can I do if I think my rent increase is unfair or improper?
   You should contact the Residential Tenancies Tribunal and consider filing a complaint or requesting mediation.
4. Can rent be increased during a fixed-term lease?
   Generally, no—unless your lease agreement specifically allows for an increase during the term.
5. Where can I get help if I have more questions?
   You can call the Residential Tenancies Tribunal or reach out to local tenant support organizations.

Conclusion: What Tenants Should Remember

• Landlords must give 3 months' written notice for any rent increase.
• Only one increase is allowed every 12 months; there is currently no cap on amount.
• If a rent increase seems improper, contact the Residential Tenancies Tribunal right away.

Checking that your rent increase follows New Brunswick law protects your rights and financial well-being.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick): Official oversight body for all tenancy and rent increase matters
• Residential Tenancies Act of New Brunswick: Provincial legislation (current 2024)
• For general rights and responsibilities: Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Tribunal, Government of New Brunswick
2. Residential Tenancies Act, New Brunswick

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