Rent Control Exemptions in New Brunswick Explained

If you're renting in New Brunswick, understanding how rent control works—and which rentals may be exempt—is essential for budgeting and peace of mind. The province's laws offer some protections, but not all rental homes are covered equally. This article explains who is exempt, what rules apply, where to get help, and how you can respond if your rent is increased.

Is Rent Control in Place in New Brunswick?

New Brunswick does not have ongoing, permanent rent control like some other provinces. Instead, the province requires that any rent increase be provided with proper advance notice. While there are some limits on how often your rent can be raised, the law does not set a maximum percentage increase. Understanding which tenancies might be exempt is crucial for financial planning.

Which Rentals Are Exempt from Rent Control?

In New Brunswick, "rent control exemptions" typically refer to situations where standard restrictions on rent increases do not apply. Here are the main scenarios:

• All private market rentals: Currently, New Brunswick does not cap how much your rent may be increased. However, landlords must give at least three months’ written notice before increasing your rent.
• New construction or recently built units: There are no special exemptions for new buildings; all private rentals are treated the same under the law.
• Social or non-profit housing: Subsidized housing and homes managed by government or non-profit agencies may have different rules set by their own agreements, not the Residential Tenancies Act.

Regardless of your rental type, every landlord must comply with the Residential Tenancies Act of New Brunswick^[1].

Notice Requirements for Rent Increases

If you are renting month-to-month, landlords must give you at least three months of written notice before increasing rent. The notice must be in writing and specify the new rent amount and the effective date. For fixed-term leases, rent cannot be increased during the lease agreement unless you agree in writing.

Official Forms for Rent Increases

• Form 6 – Notice of Rent Increase: Landlords should use Form 6 to provide official notice. As a tenant, you might receive this form by mail or in person. Always keep a copy for your records.
  • When to use: Whenever your landlord intends to raise the rent for a month-to-month or year-to-year tenancy.
  • What to do: Review the notice, check the dates, and make sure you receive at least three months’ notice before the increase starts.
• Form 3 – Application for Assistance: If you think your rent increase is unfair or not properly served, use Form 3 to ask for help from the Residential Tenancies Tribunal. For example, if your landlord gave less than 3 months’ notice, you can contest the increase.

What to Do if You Get a Rent Increase Notice

Here is what you should do if you receive a notice of rent increase:

• Read and save the notice. Confirm that it includes the correct time frame.
• If you think the notice doesn't comply with the law, reach out to the Residential Tenancies Tribunal as soon as possible.
• If you're unsure about your rights, consult Tenant Rights and Landlord Rights in New Brunswick for clear guidance.
• You can also learn about your rent payment responsibilities in Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Keep in mind: If you continue the tenancy after the increase takes effect, you're considered to have accepted the new rent under the law.

Protect yourself by always getting communications in writing and keeping digital or paper copies as part of your records.

If You Think the Rent Increase Is Unfair

Although New Brunswick doesn’t have a specific process to dispute the amount of a rent increase, tenants can seek help if the legal process wasn’t followed, or if the increase has impacts related to maintenance or agreement terms. The Residential Tenancies Tribunal is the tribunal responsible for landlord-tenant disputes in the province.

• For common tenancy questions, see Understanding Rent Increases: What Tenants Need to Know.
• For general legal protections and obligations, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

How to Respond to a Rent Increase (Step-by-Step)

If you receive a notice and wish to take action:

• Confirm the notice gives at least three months’ warning and is in writing.
• Review your lease to see if rent increases during the term are permitted.
• If the notice is not valid, contact the Residential Tenancies Tribunal with any questions or submit Form 3 – Application for Assistance right away.
• Contact tenant advocacy organizations or legal clinics for advice on challenging improper increases.

Summary: Tenants in New Brunswick have rights, but it's important to stay attentive to notices and act quickly if you believe a rule has been broken.

Frequently Asked Questions

1. Are there any situations where rent increases are capped in New Brunswick?
   As of 2024, there are no percentage or dollar limits on annual rent increases for private rentals. The government may introduce temporary caps in emergency situations, but these are not ongoing.
2. Can my landlord increase the rent more than once a year?
   Landlords can only increase the rent once every 12 months for the same tenant, and must provide three months’ written notice each time.
3. What if I live in subsidized or social housing?
   Subsidized housing usually operates under separate rules. Contact your property manager or the program administrator for information specific to your agreement.
4. How do I challenge an improper rent increase?
   You can submit Form 3 – Application for Assistance to the Residential Tenancies Tribunal if you believe your landlord broke the rules regarding rent increases.
5. Where can I find more information about my rights as a tenant?
   Check the Tenant Rights and Landlord Rights in New Brunswick page for comprehensive, province-specific details.

Conclusion: Key Takeaways

• New Brunswick does not have blanket rent control, but landlords must give proper notice before increasing rent.
• All tenants are protected by notice period and frequency rules, even if there are no caps on the amount of the increase.
• If you believe the rules have not been followed, act quickly by contacting the Residential Tenancies Tribunal or seeking legal advice.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – For forms, landlord-tenant questions, and dispute resolution.
• Housing New Brunswick – For affordable housing and subsidy information.
• Email: irent@gnb.ca | Toll-Free: 1-888-762-8600
• For more on your legal rights, visit Tenant Rights and Landlord Rights in New Brunswick.

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal - Official Government Page
3. Form 6 – Notice of Rent Increase (PDF)
4. Form 3 – Application for Assistance (PDF)

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