Last Month’s Rent Rules for Tenants in New Brunswick

In New Brunswick, knowing how last month’s rent works is essential for tenants who want to protect their finances and avoid misunderstandings with landlords. Whether you’re moving in, moving out, or just want to understand your rights, this guide explains New Brunswick’s rules around last month’s rent, deposits, and the steps you can take to safeguard yourself under provincial tenancy law.

What Is Last Month’s Rent?

"Last month’s rent" refers to money a landlord can request in advance to cover a tenant's final month living in the rental property. In most Canadian jurisdictions, these practices are closely regulated, and New Brunswick has clear rules to ensure fairness for both tenants and landlords.

Deposits and Rent Prepayments in New Brunswick

Unlike some other provinces, New Brunswick law treats last month’s rent as a form of a rental deposit. Here’s what tenants need to know:

• Landlords may collect a security deposit—often up to one month’s rent—at the start of a lease.
• This deposit is held in trust and must not be used for rent during the tenancy.
• New Brunswick landlords cannot demand a separate last month’s rent payment in addition to the security deposit.
• Once you give your final notice, you may request (in writing) for your deposit to be applied to your last month’s rent if agreed by the landlord.

For more details about security deposits and your rights, see Understanding Rental Deposits: What Tenants Need to Know.

How Is the Security Deposit Protected?

Your deposit is paid to the landlord, who must then forward it to the Residential Tenancies Tribunal within 15 days. The Tribunal holds the money in trust for the duration of your tenancy. This system helps prevent improper use or withholding of tenant funds.

Getting Your Deposit Back: Key Steps

At the end of your tenancy, if you have given proper written notice and left the rental in good condition, you are entitled to the return of your deposit, plus any interest owed.

• If you and your landlord agree, the deposit can be applied as last month’s rent (put this in writing to avoid disputes).
• If there are damages or unpaid rent, the landlord can request the Tribunal to withhold part or all of the deposit (with supporting evidence).
• To formally request your deposit back, fill out the "Application for Return of Security Deposit" form from the Tribunal. Download the official form here.

Summary: Your deposit is held by the Tribunal, not the landlord, ensuring your last month’s rent or refund is handled fairly.

Your Rights and Responsibilities as a Tenant

Knowing your obligations helps prevent problems when moving out. For a full overview of tenant and landlord duties, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Relevant Legislation and the Administrative Body

All rules for security deposits and last month’s rent are set by the Residential Tenancies Act of New Brunswick¹. Residential tenancies and deposit handling are managed by the Residential Tenancies Tribunal.

For a province-wide overview of tenant and landlord rights, see Tenant Rights and Landlord Rights in New Brunswick.

Common Issues and How to Resolve Them

• Disputes about damages: If the landlord claims there are damages, they must provide evidence to the Tribunal.
• Deposit not returned promptly: File an Application for Return of Security Deposit if you haven't received your deposit back within 7 business days of moving out.
• Landlord requests extra prepayments: Remember, only one deposit is allowed by law; refuse additional "last month’s rent" demands.

If you experience issues, the Tribunal offers free dispute resolution services. For advice on rent payments and management, visit Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

FAQ: Tenants’ Questions About Last Month’s Rent in New Brunswick

1. Can my landlord use my deposit for my last month’s rent?
   Only if you and your landlord both agree in writing. Otherwise, your deposit is returned after you move out.
2. How do I get my deposit back after moving out?
   Request it from the landlord in writing or submit the official application to the Residential Tenancies Tribunal.
3. Is my landlord allowed to ask for both a security deposit and last month’s rent?
   No, New Brunswick landlords can only request one deposit—never both.
4. How long does it take to get my deposit back?
   Landlords must return the deposit (or apply to keep it due to damages) within 7 business days of your tenancy ending.
5. Who handles disputes about deposits or last month’s rent?
   The Residential Tenancies Tribunal resolves these disputes in New Brunswick.

Key Takeaways for Tenants

• New Brunswick only allows a single security deposit—not separate last month’s rent payments.
• The deposit is held by the Tribunal, protecting your rights.
• Always get any agreements regarding the deposit’s use as last month’s rent in writing.

Understanding these rules gives you peace of mind. When searching for your next rental, you can Find rental homes across Canada on Houseme with confidence.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Information, forms, and dispute resolution
• Government of New Brunswick – Housing Programs
• Tenant Rights education: Tenant Rights and Landlord Rights in New Brunswick

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

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