Legal Help for Rent and Deposit Disputes in New Brunswick

If you're a tenant in New Brunswick facing issues with rent payments or disputes over rental deposits, it's important to know your legal rights and options. Navigating a conflict with your landlord can feel daunting, but New Brunswick's laws and resources exist to protect tenants and help resolve disputes fairly. This guide breaks down the legal steps, forms, and support available if you are experiencing a disagreement about rent, deposits, or related issues with your landlord.

Understanding Your Rights: Rent and Deposit Laws in New Brunswick

Tenants in New Brunswick are protected by the Residential Tenancies Act.^[1] This law outlines your rights regarding rent, rental deposits (commonly called security deposits), and dispute resolution. Disputes may include problems such as your landlord refusing to return your deposit, charging unlawful fees, or failing to provide receipts for rent.

• Landlords must provide written receipts for any rent or deposit payments received.
• Security deposits are capped at one month's rent and must be returned—with interest—within seven days after you move out, unless there is a valid reason to make deductions.
• Any rent increases must follow proper notice requirements under the Act.

Read more in Tenant Rights and Landlord Rights in New Brunswick.

Common Reasons for Rent and Deposit Disputes

• Landlord refuses to return your security deposit or makes excessive deductions
• Disagreements about the amount or payment of rent
• Rent increases that seem unfair or unannounced
• Lack of receipts or documentation about payments

If you're unsure about your deposit or would like a detailed breakdown of your rights, review Understanding Rental Deposits: What Tenants Need to Know.

Who Handles Rental Disputes in New Brunswick?

The Office of the Residential Tenancies Tribunal (New Brunswick Residential Tenancies Tribunal) is the official body that deals with landlord-tenant conflicts, including rent and deposit disputes.^[2]

You can file a formal complaint with the Tribunal, which will investigate the case and provide a decision. The Tribunal also offers advice by phone and email if you are unsure how to begin.

Key Forms for New Brunswick Tenants

• Form 6 – Application by a Tenant (Dispute): Use this form if you are disputing the withholding of your security deposit, questioning a rent increase, or facing unlawful rent charges. Fill it out and submit it to the Tribunal online or in person.
  Practical Example: If your landlord refuses to return your deposit, use Form 6 to open a case and attach supporting evidence such as your lease, payment receipts, or move-out inspection reports.
  Official Form 6 (PDF)
• Form 12 – Request for Assistance: If you are unsure which process applies or need general help from the Tribunal, you can submit Form 12.
  Practical Example: Use this for non-urgent questions or when you aren't sure how to categorize your dispute.
  Official Form 12 (PDF)

How to Dispute Rent or Deposit Issues: Step-by-Step

1. Document Everything: Keep copies of your lease, payment receipts, and communication with your landlord. Documentation strengthens your case.
2. Try Informal Resolution: Communicate politely in writing with your landlord explaining your concern. Sometimes issues are due to misunderstandings.
3. Submit a Formal Application: If informal talks fail, use Form 6 to file a dispute with the Tribunal. Include all supporting documents.
4. Attend the Hearing: You will be notified if a hearing is scheduled. Attend (by phone or in person), present your evidence, and answer tribunal questions.
5. Receive a Decision: The Tribunal will provide a written decision after considering all details. If the ruling is in your favour, a landlord is legally required to comply (e.g., pay back your deposit).

Finding Legal Support and Advocacy

You don't have to face legal issues alone. Free and low-cost legal clinics, such as the Saint John, Moncton, and Fredericton legal aid offices, as well as community housing organizations, can provide guidance on how to prepare your case or fill out Tribunal forms. The Office of the Residential Tenancies Tribunal itself also offers information sessions and online FAQs for tenants. For more options or to search for a new place, consider using services like Explore rental homes in your area.

1. Can my landlord keep my deposit for any reason?
   Your landlord can only keep some or all of your deposit if you owe rent, cause damage beyond normal wear and tear, or breach your lease. Any deductions must be explained in writing, and you can dispute any deduction with the Tribunal.
2. How much can the deposit be in New Brunswick?
   The maximum deposit is one month's rent, to be held by the landlord and returned within seven days of your move-out, unless deductions apply as per the law.
3. Where can I file a rent or deposit dispute?
   All formal complaints go through the Residential Tenancies Tribunal using official forms such as Form 6.
4. What evidence do I need to support my dispute?
   Bring your lease, payment receipts, communication records, and photos of the property if relevant. The more evidence, the better your case.
5. Can I get legal advice on my rights as a tenant?
   Yes. Free legal clinics and the Tribunal will provide information. You can find an overview of your rights at Tenant Rights and Landlord Rights in New Brunswick.

1. How do I apply to get my deposit back through the Tribunal?
   Download and fill out Form 6 – Application by a Tenant. Attach evidence, submit it to the Tribunal, and follow up for a hearing date.
2. How do I dispute an illegal rent increase?
   First, review the details in your lease. If the rent increase notice doesn't meet legal standards, use Form 6 to file a dispute with the Tribunal before you pay the new amount.
3. How can I get help filling out Tribunal forms?
   Contact a local legal clinic or the Tribunal directly for assistance. They offer support online, by phone, and in person.

• Always document all your rent and deposit-related interactions in writing.
• Familiarize yourself with the Tribunal forms and process early.
• Tapping into legal clinics and advocacy services can make a big difference in successful dispute resolution.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: Information, forms, and dispute guidance
• Legal Aid New Brunswick: Offers free and sliding-scale legal support for tenants by region
• Community Legal Clinics: Saint John, Fredericton, Moncton
• Tenant Rights and Landlord Rights in New Brunswick

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1. [1] Residential Tenancies Act, New Brunswick
2. [2] Residential Tenancies Tribunal

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