New Brunswick Tenant Rights & Responsibilities Guide
Are you renting a home or apartment in New Brunswick? Understanding your tenant rights and responsibilities is crucial for a smooth, stress-free rental experience. This comprehensive guide will walk you through your protections under New Brunswick law, from signing your lease to handling disputes or ending your tenancy. Whether you're worried about rent increases, repairs, or the eviction process, this article will help you make informed decisions and know where to turn for help in New Brunswick.
Your Legal Rights as a Tenant in New Brunswick
Residential tenancies in New Brunswick are regulated by the Residential Tenancies Act (RTA)[1]. The act protects tenants from unfair practices and sets clear standards for landlords and tenants. Oversight and enforcement are managed by the Residential Tenancies Tribunal of New Brunswick[2], which provides dispute resolution, official forms, and guidance.
- Right to a written lease agreement and secure occupancy
- Protection from illegal rent increases or evictions
- Right to privacy (e.g., reasonable notice before landlord entry)
- Right to a safe, well-maintained, and habitable home
- Right to proper notice before lease termination or changes
For a broader context on tenant protections specific to your province, see the Tenant Rights and Landlord Rights in New Brunswick page.
Common Tenant Responsibilities
Tenants in New Brunswick also have important obligations under the RTA:
- Paying rent on time and in full
- Keeping the rental unit reasonably clean
- Immediately reporting repairs, safety hazards, or damage
- Respecting reasonable quiet enjoyment of neighbours
- Notifying your landlord promptly if you intend to move out
For details on specific obligations, you may find this guide helpful: Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Navigating Rent, Deposits, and Lease Terms
Security Deposits
Landlords in New Brunswick are permitted to collect a security deposit, but the amount cannot exceed one month's rent. The deposit can only be used for unpaid rent or damages beyond normal wear and tear.
- When you pay: Keep a receipt from your landlord.
- When moving out: The deposit must be returned (with interest) unless money is owed or damage is proven.
Read more on Understanding Rental Deposits: What Tenants Need to Know.
Rent Increases
In New Brunswick, there is no cap on rent increase amounts, but strict notice rules apply. Your landlord must provide at least 3 months’ written notice before increasing your rent. If you have concerns about a rent hike, you have the right to challenge it by applying to the Residential Tenancies Tribunal before the increase takes effect.
Rental Agreements
Be sure that your lease (written or verbal) outlines key terms like rent amount, duration, and rules. If in doubt, ask for a copy of the standard provincial lease agreement, which sets baseline rights and duties.
Repairs, Maintenance, and Safety
Landlords in New Brunswick are required by law to keep rental units safe and in good repair throughout the tenancy. If something breaks or becomes unsafe, notify your landlord right away in writing. They must address urgent (emergency) repairs immediately, and other issues in a reasonable timeframe.
- If your landlord does not act, document your communication, then contact the Residential Tenancies Tribunal to open a complaint. It’s advisable to use official forms for any legal correspondence.
Tip: Always keep copies of written requests, responses, and photos of the issue in case you need to show proof later.
For more detail on keeping your home safe, see Health and Safety Issues Every Tenant Should Know When Renting.
Key Forms for New Brunswick Tenants
Filing the right form at the right time can protect your rights if problems arise. The Residential Tenancies Tribunal provides up-to-date, official forms at their Forms page[2]. Here are the most important for tenants:
- Form 6: Application to Determine Dispute – Use this if you need the Tribunal to resolve a conflict over repairs, rent increases, or other disputes. Example: If your landlord refuses to fix your heating, fill out and submit Form 6 online or by mail. Download Form 6 here.
- Form 7: Notice to Terminate Tenancy by Tenant – Use this if you wish to legally end your tenancy. For example, if you must move and are providing the required notice to your landlord. Download Form 7 here.
- Form 15: Application by Tenant for a Return of Security Deposit – If your landlord keeps your deposit wrongly, you can apply to have it returned. Access Form 15 here.
Be sure to read and carefully follow the instructions on each form. Contact the Tribunal for help if you are unsure which form applies.
Resolving Disputes and Enforcement
If problems with your rental cannot be worked out informally, you have the right to seek help from the Residential Tenancies Tribunal. Common issues include repair delays, unfair evictions, withheld deposits, or unclear lease obligations.
- Gather all evidence: emails, letters, photos, receipts, and notes on phone calls
- Use the Tribunal’s complaint and application process (usually Form 6)
- Check deadlines carefully—late applications may not be accepted
Moving Out: Ending Your Tenancy Properly
If you wish to move out, you must provide the required notice (typically one month for month-to-month leases). Submit your termination in writing using Form 7. Be sure to leave the unit clean, remove all belongings, and take photos of the apartment before handing over your keys.
For more suggestions, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.
Finding and Choosing Your Next Home
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- What is a landlord's minimum notice for ending a tenancy in New Brunswick?
Landlords must generally give at least 3 months' written notice to end a month-to-month tenancy, except in special cases (e.g., non-payment of rent). - Can my landlord enter my apartment without permission?
No. Landlords require at least 24 hours written notice and can only enter for specific reasons, such as repairs or showings, unless it’s an emergency. - How long does it take to get my security deposit back?
The landlord must return your deposit (plus interest) within 7 days after you move out, unless you agree otherwise or there are deductions for repairs or unpaid rent. - What should I do if my landlord won’t fix something important?
Document the issue, request repairs in writing, and if there’s no action, apply to the Residential Tenancies Tribunal using Form 6. - Where can I get help with a rent dispute in New Brunswick?
Contact the Residential Tenancies Tribunal for guidance or submit a formal dispute for resolution.
- How do I challenge a rent increase in New Brunswick?
Carefully review your landlord’s notice. If you believe the increase is unfair or the notice was incorrect, send a written objection and submit Form 6 to the Residential Tenancies Tribunal before the increase takes effect. - How can I officially end my tenancy?
Complete Form 7: Notice to Terminate Tenancy by Tenant and provide the proper notice period in writing to your landlord. - What steps should I take if my security deposit isn’t returned?
Ask your landlord in writing first. If there’s no response or you disagree with the deductions, apply for the return using Form 15 at the Tribunal.
Key Takeaways
- Know your rights and duties under New Brunswick’s Residential Tenancies Act
- Act promptly—put important requests and complaints in writing
- Use the Residential Tenancies Tribunal and official forms for effective problem solving
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick – Dispute resolution, forms, and tenant advice
- Residential Tenancies Act (RTA) – The governing legislation for all New Brunswick rentals
- Consumer Advocate for Tenants (New Brunswick) – Free guidance and support for tenants
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