New Brunswick Tenant Rights: Key Rights & Responsibilities Explained

If you rent your home in New Brunswick, understanding your rights and responsibilities as a tenant is crucial to having a positive rental experience. New Brunswick’s rental laws balance the rights of both tenants and landlords under the Residential Tenancies Act. Whether you are dealing with maintenance issues, worried about your deposit, or facing a rent increase, knowing the rules helps you protect yourself and resolve conflicts confidently.

Who Regulates Tenancies in New Brunswick?

All residential rental agreements in New Brunswick are overseen by the Residential Tenancies Tribunal (official website). The Tribunal manages key tenant issues, including security deposits, rental increases, evictions, and complaints.

Key Tenant Rights in New Brunswick

• The right to live in a safe and well-maintained home
• Protection from unlawful eviction
• Limits on rent increases (following proper notice periods)
• The right to privacy (landlords must give at least 24 hours’ written notice before entering, except in emergencies)

For a deeper overview of legal protections in your province, check the Tenant Rights and Landlord Rights in New Brunswick page.

Common Tenant Responsibilities

• Paying rent in full and on time each month
• Keeping your rental unit reasonably clean
• Not disturbing your neighbours’ enjoyment of their homes
• Informing your landlord promptly of needed repairs
• Not making significant changes to the unit without written permission

Both tenants and landlords share legal obligations. For a full outline, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Deposits and Payments

Landlords can only collect a security deposit of up to one month’s rent. The deposit is held by the Residential Tenancies Tribunal, not the landlord. You have the right to get your deposit back if you meet your agreement’s terms.

Want to understand how your deposit works? See Understanding Rental Deposits: What Tenants Need to Know for guidance on what’s allowed and how to protect your money.

Form: Notice of Receipt of Security Deposit

• Name: Notice of Receipt of Security Deposit (Form 2)
• When to use: After you pay your deposit, your landlord must give you this form showing the amount paid and where it’s held.
• Get it here: Download Form 2 (PDF)

Rental Agreements and What Happens After Signing

Rental agreements (leases) can be written or verbal but most commonly are written. The agreement should outline the rent amount, any included services, the length of the tenancy, and rules on subletting. After you sign, you are legally bound by the terms—so always read carefully.

Find out more about your obligations after signing in What Tenants Need to Know After Signing the Rental Agreement.

Living Conditions & Repairs in New Brunswick Rentals

Your landlord must keep your home in a livable and safe condition, following health, fire, and building codes. You, in turn, are responsible for keeping your space clean and letting your landlord know promptly about repair issues.

Tenants are not required to pay for repairs resulting from normal use and age, only for damage caused by neglect or accidents. For common repair issues, visit Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

Rent Increases and Notices

Landlords must provide at least three months’ written notice before increasing rent. Rent may only be raised once every 12 months for most tenancies. If you believe an increase is unfair or not allowed, contact the Residential Tenancies Tribunal quickly.

Form: Notice of Increase of Rent

• Name: Notice of Increase of Rent (Form 1)
• When to use: Landlords use this form to officially notify you of a rent increase.
• Get it here: Download Form 1 (PDF)

Ending Your Tenancy & Eviction Rules

Tenants can end a month-to-month tenancy with 1 month’s written notice; for fixed-term leases, you must wait for the term to expire unless both parties agree otherwise or if there is a valid reason such as landlord’s breach of obligations.

Evictions must follow strict legal procedures. Landlords cannot evict tenants without a written notice and must apply to the Residential Tenancies Tribunal if the tenant contests the notice. If you receive an eviction notice or need to move out, get help right away.

Form: Notice of Termination (Form 3)

• Name: Notice of Termination (Form 3)
• When to use: Use this to officially notify your landlord you are ending your tenancy, or respond quickly if you receive one.
• Get it here: Download Form 3 (PDF)

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FAQs About Tenant Rights in New Brunswick

1. What should I do if my landlord refuses to fix something important?
   If your landlord doesn’t respond to your repair requests, document the issue in writing and contact the Residential Tenancies Tribunal for assistance.
2. How do I get my security deposit back after moving out?
   If you met your agreement’s terms and left the unit in good condition, the Tribunal will release your deposit. You can check the process with the Tribunal or see your deposit details in your original form.
3. Can my landlord enter my unit without permission?
   Except in an emergency, your landlord must give you 24 hours’ written notice to enter your home.
4. What kind of notice must a landlord give before raising the rent?
   Landlords must use the official form and give at least three months’ notice before any rent increase.
5. Can I break my lease before it ends?
   You cannot simply move out early without landlord agreement or a valid legal reason. Discuss with your landlord and seek Tribunal advice if needed.

How To: Challenge a Rent Increase in New Brunswick

1. How do I challenge a rent increase in New Brunswick?
   
   • Step 1: Carefully review your rent increase notice. Make sure you received Form 1 at least three months in advance.
   • Step 2: If you feel it is not allowed or was not properly given, document your concerns and contact the Residential Tenancies Tribunal promptly for guidance.
   • Step 3: Submit your formal complaint using the Tribunal’s process, including any paperwork or evidence you have.
2. How do I properly end my tenancy?
   
   • Step 1: Fill out Form 3 (Notice of Termination), and provide at least one month’s written notice if on a month-to-month lease.
   • Step 2: Deliver the form to your landlord, keeping a copy for your records.
3. How do I make a maintenance complaint?
   
   • Step 1: Write to your landlord with details of the issue first.
   • Step 2: If repairs aren’t made, contact the Residential Tenancies Tribunal to file a formal complaint, attaching evidence if possible.

Summary: Key Takeaways for New Brunswick Tenants

• Know your core rights: safe housing, privacy, and clear limits on deposits and rent increases.
• Always use official forms and written communication to protect yourself.
• The Residential Tenancies Tribunal is your main support for resolving disputes and learning about your legal options.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal: Official Website and Forms | Phone: 1-888-762-8600 | Email: rtt-rt@snb.ca
• Government Info: Forms and Fact Sheets
• Advocacy: Local tenants’ resource centres or community legal clinics in New Brunswick
• Review your rights in detail at Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act, New Brunswick (full text)
2. Residential Tenancies Tribunal – Service New Brunswick
3. Official Tribunal Forms and Resources

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