New Brunswick Rent and Deposit Laws: Tenant Guide

Finding a safe and affordable rental in New Brunswick means knowing your rights and responsibilities as a tenant, especially when it comes to rent payments and security deposits. This guide explains how the province’s rental laws protect tenants, what landlords can and cannot do, and where to find help if problems arise—including official forms and government resources.

Understanding Rent Payments in New Brunswick

Rent is the money you pay your landlord regularly (usually monthly) for your home. In New Brunswick, you and your landlord agree on the rent amount and payment details in your rental agreement (lease).

Key Points About Paying Rent

• Your rent can only be increased after a full year of tenancy, unless you agree to a shorter term.
• Landlords must give tenants a written notice before raising the rent. (See more under Rent Increases)
• Rent is typically due on the first day of each rental period.
• If you pay your rent late, your landlord may be able to issue you a notice to vacate, but must follow specific rules.
• Keep receipts and records for every rent payment.

For more on your monthly rent and related responsibilities, check out our Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Security Deposits in New Brunswick

In New Brunswick, landlords can legally ask for a security deposit when you sign a lease. This deposit acts as protection for unpaid rent or damages above normal wear and tear. There are clear limits and rules about how much can be charged and how deposits are returned.

Deposit Amounts and Rules

• Maximum deposit: Landlords may ask for up to the equivalent of one month’s rent.
• Your deposit must be paid directly to Service New Brunswick (not to the landlord).
• The deposit is held by the Office of the Rentalsman, not the landlord.
• The landlord must give you a receipt and register the deposit within 15 days of receiving it.

To learn more about how deposits work, see our comprehensive Understanding Rental Deposits: What Tenants Need to Know.

Getting Your Deposit Back

• Your deposit must be returned to you within 7 days of the end of your tenancy, unless there is an ongoing dispute.
• If the landlord wants to keep some or all of your deposit for damages or unpaid rent, they must file a claim with the Office of the Rentalsman.

For step-by-step guidance on getting your deposit returned—with interest—visit How to Get Your Security Deposit Back with Interest When Moving Out.

Rent Increases: Notice and Limits

New Brunswick landlords can raise your rent, but must follow provincial rules defined in the Residential Tenancies Act (New Brunswick)^[1]. There is no official cap on how much rent can be increased, but clear notice periods are required:

• For yearly leases and month-to-month agreements, landlords must provide at least three months’ written notice before a rent increase takes effect.
• For week-to-week tenancies, at least one month’s notice is required.

If you believe your rent increase is unfair, you can challenge it by filing a dispute with the tribunal.

Forms and Official Processes for Tenants

Dealing with rent payments, deposits, or disputes in New Brunswick involves specific forms and steps. The Office of the Rentalsman oversees all tenancy concerns in the province. Here are some important forms:

• Notice of Termination (Form 9)
  Use this official form if you wish to end your tenancy. It must be submitted with the required notice.
  Get the Form 9 here.
  Example: If you have a month-to-month tenancy and want to move out, submit the completed Form 9 to your landlord and keep a copy for your records.
• Security Deposit Refund Request
  If your landlord has not returned your deposit, you can apply to the Office of the Rentalsman.
  Get the Security Deposit Claim Form here.
  Example: If more than 7 days have passed since moving out and your deposit hasn’t been returned, fill out this form and submit it with proof of your move-out date.
• Application for Assistance (Form 12)
  This is used to make a formal complaint or raise a dispute with the Office of the Rentalsman.
  Get the Form 12 here.
  Example: If your landlord did not register your deposit, you can use Form 12 to request help from the Rentalsman.

Who Oversees Rent and Deposits in New Brunswick?

The Office of the Rentalsman is the official provincial authority for rental housing in New Brunswick. They handle all tenancy disputes, deposits, and enforcement of the Residential Tenancies Act (New Brunswick)^[1].

Summary: Deposit and Rent Laws for Tenants

New Brunswick tenants are protected by provincial law, with clear deposit limits, notice rules for rent increases, and support for disputes. The Rentalsman can help if issues arise during your tenancy. Tenant Rights and Landlord Rights in New Brunswick offers a provincial overview.

Looking for your next home? Find rental homes across Canada on Houseme for an up-to-date, tenant-focused experience.

Frequently Asked Questions

1. How much can a landlord charge for a security deposit in New Brunswick?
   The maximum allowed is one month’s rent, paid directly to Service New Brunswick and held by the Office of the Rentalsman.
2. How much notice does a landlord have to give for a rent increase?
   Three months’ written notice is required for monthly or yearly leases. One month for week-to-week agreements.
3. What do I do if my landlord won't return my deposit?
   You can file a Security Deposit Refund Request with the Office of the Rentalsman, providing documentation of your move-out.
4. Can my landlord ask for more than one month's rent as deposit?
   No. The law only allows up to one month’s rent as a security deposit.
5. Where do I go for help with a rent or deposit dispute?
   The Office of the Rentalsman is your first point of contact for filing complaints and getting information.

How To: Steps for Tenants in Rent or Deposit Disputes

1. How do I get my security deposit back after moving out?
   1. Ensure your landlord has your forwarding address.
   2. Wait the required 7 days for the deposit to be returned.
   3. If not returned, complete the Security Deposit Claim Form and submit it to the Office of the Rentalsman.
2. How do I challenge a rent increase I believe is unfair?
   1. Upon receiving the written notice, review the increase details.
   2. Respond to your landlord in writing if you object.
   3. Complete Form 12 (Application for Assistance) and submit it to the Office of the Rentalsman for mediation.
3. What steps should I follow if I want to end my lease?
   1. Complete Form 9 (Notice of Termination) with the appropriate notice.
   2. Give the completed form to your landlord and keep a copy.
   3. Follow up to arrange a time to return keys and inspect the unit.

Key Takeaways for New Brunswick Tenants

• Security deposits can only be one month’s rent and are held by government, not the landlord.
• Landlords must give proper notice before raising rent.
• Provincial forms and the Office of the Rentalsman help resolve disputes and protect your rights.

Need Help? Resources for Tenants

• Office of the Rentalsman (Service New Brunswick): Provides information, forms, and assistance with rent and deposits.
• Residential Tenancies Act (New Brunswick): Full provincial legislation on tenant and landlord rights.
• Tenant advocacy groups: Contact for additional legal information or support specific to your situation.

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1. Residential Tenancies Act (New Brunswick)

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