Penalties for Illegal Lease Clauses in New Brunswick

As a renter in New Brunswick, you should know when a lease clause is illegal and what penalties landlords may face. Illegal clauses can include terms that waive tenant rights, require extra fees not permitted by law, or ask tenants to give up access to dispute processes. This guide explains common illegal lease terms under New Brunswick law, how they affect your rights around rent, deposits and repairs, and practical steps you can take to challenge unlawful provisions. You will learn how to gather evidence, use official forms and the residential tenancies tribunal, and when to seek legal help or free tenant advice. Clear examples and action steps are included to help you protect your tenancy and finances.

What makes a lease clause illegal in New Brunswick?

An illegal lease clause is any term that conflicts with the Residential Tenancies Act or that attempts to remove a tenant's statutory protections. The provincial law sets minimum rights for renters and landlords; clauses that ask tenants to give up those rights are unenforceable under statute^[1]. Examples include a requirement that a tenant waive the right to a hearings process, or a clause that imposes fees not allowed by law.

Common illegal clauses you might see

• Illegal waiver of tenant rights, such as giving up the right to a tribunal or to make a complaint to authorities.
• Extra fees or automatic fines that are not authorized by New Brunswick tenancy rules, including unlawful administrative charges.
• Mandatory forfeiture of a deposit beyond the lawful conditions for deductions; deposits are strictly regulated.
• Terms allowing landlord entry without required notice or for non-permitted reasons.
• Clauses that shift essential repair responsibilities to tenants when the law requires the landlord to maintain habitability.

Penalties and consequences for illegal lease clauses

When a clause is illegal, it is generally not enforceable: the illegal portion is treated as if it does not exist, while the rest of the lease can remain in force. In some cases the tribunal can order remedies such as repayment of unlawfully collected fees, return of deposits, or other compensatory orders. Deliberate, repeated or severe breaches of the Residential Tenancies Act can lead to fines or orders against a landlord through the residential tenancies tribunal^[2].

How tenants can respond to an illegal clause

Follow clear steps: review your lease against statutory rules, gather evidence, try a written request to the landlord, and if needed file an application with the tribunal. You can also get help from tenant advisory services or community legal clinics.

• Document the clause: scan or photograph the lease pages and highlight the exact wording you believe is illegal.
• Send a written request to the landlord asking for a correction or clarification and keep a copy of the message and any response.
• Seek free tenant information or legal advice to confirm the clause is illegal and learn your options.
• File the appropriate tribunal application to challenge the term or to reclaim unlawful charges; the tribunal handles disputes and can grant remedies^[2].

FAQ

Can a landlord include a clause that requires me to pay the landlord's legal costs?

No. Clauses that shift the landlord's legal obligations or require tenants to pay the landlord's legal costs in routine tenancy disputes are generally unenforceable; consult the Residential Tenancies Act and the tribunal process for remedies.^[1]

If my lease has an illegal fee, can I get the money back?

Yes. If a fee was charged unlawfully, you can apply to the residential tenancies tribunal for repayment or an order correcting the practice. Keep receipts and written records to support your claim.^[2]

Should I break my lease if I discover illegal clauses?

No. Breaking a lease can create new legal risks. Instead, document the issue, try to resolve it with the landlord, and use tribunal processes to address unlawful clauses while staying in the unit whenever possible.

How-To

1. Read the lease carefully and mark any clause you believe conflicts with tenant protections or statutory rules.
2. Collect evidence: copies of the lease, payment receipts, photos, messages and any correspondence with the landlord.
3. Send a clear written request to the landlord asking for the clause to be removed or for a refund of unlawful charges; keep proof of delivery.
4. Complete and file the tribunal application form appropriate for your complaint and pay any required filing fee if applicable^[3].
5. Attend the tribunal hearing with your documentation, explain your case calmly, and follow any orders issued by the tribunal.

Key Takeaways

• Illegal lease clauses are unenforceable and can be challenged through the tribunal.
• Keep detailed records and receipts to support any tribunal application.
• Use official forms and deadlines when filing complaints to improve your chances of a positive outcome.

Help and Support / Resources

• Residential Tenancies Tribunal (New Brunswick)
• [1] Residential Tenancies Act (New Brunswick)
• [2] How to file a tenancy complaint with the tribunal

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1. [1] Residential Tenancies Act (New Brunswick)
2. [2] Residential Tenancies Tribunal (New Brunswick)
3. [3] Residential tenancies forms and filing information

For related tenant guidance on specific topics, see Understanding Rental Deposits: What Tenants Need to Know, Obligations of Landlords and Tenants: Rights and Responsibilities Explained, and the province overview at Tenant Rights and Landlord Rights in New Brunswick. If you must find a new place while resolving a dispute, Find rental homes across Canada on Houseme.