Landlord Rights and Limits in New Brunswick: Tenant Guide
If you’re a tenant in New Brunswick, it’s important to know exactly what your landlord is allowed to do—and what the law prohibits. From entry rules and rent increases to maintenance obligations, the Residential Tenancies Act protects both you and your landlord throughout the rental process. This guide breaks down the most common rights, limits, and obligations set out in NB tenancy law, so you can feel confident in your home.
Who Enforces Rental Laws in New Brunswick?
Rental rights and disputes in New Brunswick are handled by the Residential Tenancies Tribunal. If you have a problem with your landlord that you can’t resolve together, this is the official body to help.
The Law: The Residential Tenancies Act
Your rental rights and obligations in New Brunswick are governed by the provincial Residential Tenancies Act.[1] This legislation covers everything from security deposits to rent increases to eviction procedures.
What Landlords Can Do
Landlords in New Brunswick have rights, including:
- Collecting a security deposit (no more than one month's rent). For details, see Understanding Rental Deposits: What Tenants Need to Know.
- Entering your rental unit—but only after giving you at least 24 hours’ written notice, and only between 8 a.m. and 8 p.m., except in emergencies.
- Increasing rent, with proper notice (written and at least three months before the new rent takes effect, and only once every 12 months).
- Ending a tenancy for specific legal reasons, following the correct process and notice rules.
- Requesting repairs to be made by tenants for damages caused by tenants or their guests.
For a detailed breakdown of rights and duties on both sides, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What Landlords Cannot Do
- Enter your unit without proper written notice (unless in an emergency, such as fire or serious water leak).
- Increase rent more than once in a 12-month period or without three months' written notice.
- Remove, withhold, or restrict vital services (like electricity or water) to force you to move out.
- Evict you without proper legal process. This includes using intimidation or illegal 'self-help' methods.
- Discriminate against you on protected grounds under the Human Rights Act (such as race, age, family status, etc.).
- Demand a security deposit greater than one month’s rent or ask for extra deposits (like for pets) outside the limit set by law.
Knowing these restrictions can help you recognize when your rights as a tenant are being violated.
Key Forms and Notices in New Brunswick
- Notice of Termination (Form 1): Used by your landlord to end the tenancy for legal reasons (such as non-payment). The notice period varies depending on the reason (Download Form 1). For example, if rent is late, landlords can serve a notice with at least 15 days for you to leave.
- Application for Assistance (Form 3): If you have a dispute (for example, if your landlord wrongfully withholds your deposit), you can use Form 3 to ask the Residential Tenancies Tribunal to help. To apply, fill out and submit the form along with any supporting documents.
- Notice of Rent Increase (Form 2): Your landlord must use Form 2 to give written notice at least three months in advance if they plan to increase your rent.
These forms ensure the rights of both landlords and tenants are respected by following NB law.
Landlord Entry: What’s Allowed?
Your landlord must:
- Give at least 24 hours’ written notice to enter for repairs, inspections, or to show the unit to new tenants.
- Only enter between 8:00 a.m. and 8:00 p.m., unless it’s an emergency.
They cannot enter for no reason or without following the required process.
Repairs, Maintenance & Health
Your landlord is responsible for ensuring the rental meets basic health and safety standards. If you encounter issues such as pests, mold, or heating problems, you can expect your landlord to act promptly. For more about keeping your rental safe, check Health and Safety Issues Every Tenant Should Know When Renting.
Tip: Always report health and safety concerns in writing and keep a copy for your records.
Rent Increases & Rent Payments
Landlords must:
- Provide three months' written notice before increasing rent (using Form 2).
- Increase rent only once every 12 months.
You are required to pay rent on time, but your landlord may not harass, threaten, or lock you out for late payment. Disputes over rent should always be addressed through the official process.
For up-to-date facts specific to NB, see Tenant Rights and Landlord Rights in New Brunswick.
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FAQs: Landlords and Tenant Rights in New Brunswick
- Can my landlord increase my rent at any time?
No, your landlord must give you at least three months’ written notice and can only increase rent once every 12 months. - How much security deposit can my landlord ask for?
In New Brunswick, landlords can request a security deposit of up to one month’s rent and no more. - What do I do if my landlord enters without notice?
Document the incident and contact the Residential Tenancies Tribunal if your landlord repeatedly enters without proper notice. - Who is responsible for repairs and maintenance?
Landlords must keep the property in good repair and meet all health and safety standards. Tenants should report issues as soon as they arise. - How do I dispute a landlord’s decision or file a complaint?
Use the Application for Assistance (Form 3) and submit it to the Residential Tenancies Tribunal, along with any supporting documentation.
Key Takeaways for New Brunswick Tenants
- Landlords must follow strict entry and notice laws—know your rights.
- All rent increases and security deposits are regulated by NB law.
- If you face a dispute, the Residential Tenancies Tribunal is your go-to resource.
Understanding the basics can help you avoid conflicts and resolve problems quickly.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal: Government of New Brunswick – Landlord and Tenant Information
- Forms and Official Documents: Official NB Tenancy Forms
- Tenant Advocacy: New Brunswick Coalition for Tenants Rights
- Dial 211: For referrals to tenant services and legal clinics in NB
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