Rent and Security Deposits in New Brunswick: Tenant Essentials

Navigating rent and deposit rules can feel overwhelming for tenants in New Brunswick. Whether you are preparing to sign a lease, moving into a new place, or questioning a request for a deposit, knowing your rights and responsibilities is key. This article unpacks the essentials of rent payments and security deposits, specific to New Brunswick, using simple language and up-to-date legal guidance.

Rent Rules in New Brunswick

Understanding how rent works is fundamental for tenants. In New Brunswick, rental agreements set the monthly rent and the date it’s due. Landlords cannot change the rent unless they give proper legal notice. All rental and deposit rules are covered under the Residential Tenancies Act of New Brunswick^[1].

Key Points About Paying Rent

• Rent is typically due on the first day of each month unless otherwise agreed.
• Landlords cannot require post-dated cheques or automatic payments but you may offer them if you wish.
• Receipts must be provided if a tenant requests one.

For practical advice on fulfilling your payment obligations, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Rent Increases

Your landlord must give written notice before increasing your rent. In New Brunswick, there is no maximum legal limit for rent increases, but landlords are required to provide at least three months’ written notice before raising the rent on a year-to-year, month-to-month, or week-to-week lease. If you believe a rent increase is unfair or you received insufficient notice, contact the Office of Residential Tenancies for assistance.

Security Deposits: What to Expect

Security deposits, often referred to as damage deposits, are amounts you pay your landlord to cover possible future damages or unpaid rent. In New Brunswick:

• The maximum deposit allowed is equivalent to one month's rent.
• Deposits must be paid to the landlord at the start of the tenancy.
• Landlords are required to deposit this money with the Service New Brunswick Residential Tenancies Tribunal, not keep it themselves.
• When your tenancy ends, you may apply to have the deposit returned, with interest, provided you meet all lease terms.

Find more general details in Understanding Rental Deposits: What Tenants Need to Know.

Returning Your Security Deposit

• After you move out, you need to file an "Application for Return of Security Deposit" (Form 7).
  Download Form 7 here. Complete this form to claim your deposit and submit it to the Residential Tenancies Tribunal within seven days after your tenancy ends.
• If there are disputes about damages or unpaid rent, the tribunal will review both sides and make a decision.

Rental Agreements: What You Need to Know

All rental arrangements—verbal or written—are recognized in New Brunswick. Having a written lease makes the terms clear for both you and your landlord. It lists the rent, security deposit, payment date, and other responsibilities. After signing, you are protected under the terms of the Residential Tenancies Act.^[1]

If you’re new to renting or unsure about your rights after signing your lease, consult What Tenants Need to Know After Signing the Rental Agreement.

Where to Go for Help

The Residential Tenancies Tribunal, managed under Service New Brunswick, handles all disputes relating to rent, deposits, and rental agreements in the province.

For detailed information on your rights and laws unique to the province, see Tenant Rights and Landlord Rights in New Brunswick.

To see available rentals and compare options, you can Explore Houseme for nationwide rental listings.

Frequently Asked Questions

1. How much can a landlord ask for as a security deposit in New Brunswick?
   Landlords may only request a security deposit up to the equivalent of one month's rent.
2. Can a landlord increase my rent at any time?
   No, landlords in New Brunswick must provide at least three months’ written notice before raising the rent, regardless of the amount.
3. How do I get my security deposit back?
   You must complete "Form 7: Application for Return of Security Deposit" and submit it to the Residential Tenancies Tribunal after your tenancy ends. If there are no outstanding issues, your deposit, with interest, will be returned.
4. What can a landlord deduct from my security deposit?
   Deductions may be made for unpaid rent or for damages beyond normal wear and tear. The landlord must provide details if making a claim against your deposit.
5. Do I need a written lease to be protected as a tenant?
   No, verbal agreements are legally valid in New Brunswick, but a written lease is recommended for clarity and proof.

How To: Key Tenant Steps

1. How to apply for your security deposit return:
   1. Download and fill out Form 7: Application for Return of Security Deposit.
   2. Submit the form to the Residential Tenancies Tribunal within seven days of moving out.
   3. Keep a copy for your records and follow up with the tribunal if you do not receive an update.
2. How to respond to a rent increase notice:
   1. Carefully read the rent increase notice and check that you’ve received at least three months’ notice. 2. If not, or if you feel the increase is unreasonable, contact the tribunal promptly for guidance on next steps.
3. How to pay your rent safely:
   1. Make payments by cheque, bank transfer, or another traceable method. 2. Always request a receipt as proof.

Key Takeaways

• Security deposits in New Brunswick are capped at one month's rent and must be held by the Residential Tenancies Tribunal.
• Landlords must give tenants at least three months’ notice before any rent increase.
• Use official forms and keep all receipts and communications to protect your interests.

Need Help? Resources for Tenants

• Service New Brunswick – Residential Tenancies Tribunal: General information and dispute resolution. Call 1-888-762-8600.
• Residential Tenancies Act of New Brunswick: Full text of rental laws.
• For province-specific information on tenant and landlord rights, visit Tenant Rights and Landlord Rights in New Brunswick.

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1. Residential Tenancies Act of New Brunswick (2024)
2. Form 7: Application for Return of Security Deposit (Service New Brunswick)

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