Facing a rent increase as a tenant in New Brunswick can raise questions about your legal rights and your landlord’s responsibilities. This article explains how rent increases work under current New Brunswick law, what notice you should receive, what fines landlords face for breaking the rules, and actionable steps you can take if you believe your landlord has not followed proper procedures.
How Rent Increases Work in New Brunswick
The rules for rent increases in New Brunswick are set out by the Residential Tenancies Tribunal, under the Residential Tenancies Act.[1] Landlords can increase rent, but must meet very specific notice requirements. As of 2024, there is no government-set limit (cap) on the amount of a rent increase, but all increases must comply with notice rules and procedural fairness.
Legal Notice Requirements
- Written Notice: Any rent increase must be given to the tenant in writing.
- Notice Period: The notice must be given at least three months (90 days) before the increase takes effect.
- Information Required: The notice must state the existing rent amount, the new rent amount, and the date the increase begins.
If your rental agreement is month-to-month or week-to-week, the same notice period applies. For fixed-term leases, rent cannot be increased until the term ends unless the agreement says otherwise.
Official Forms: Rent Increase Notice
- Form Name: Notice of Rent Increase (no official form number)
- How it’s used: Landlords can use a standard written format or download the notice form from the tribunal. This form must be delivered to you directly, by mail, or by another approved method.
- Get the official Notice of Rent Increase form
Example: If you pay $1,000 per month, and your landlord wants to increase it to $1,100, they must provide written notice at least 90 days before the new rent starts.
Your Rights as a Tenant Facing a Rent Increase
Tenants have the right to dispute a rent increase if they believe it’s unreasonable, or if proper notice was not given. You should never be penalized for exercising your right to challenge a rent increase or for contacting the tribunal.
- If you think the increase is unfair, you can apply for a review through the Residential Tenancies Tribunal within 30 days of receiving the notice.
- There is no fee to challenge a rent increase.
To do this, complete the Application for Assistance (Form 1) and submit it to the Tribunal. More details: Application for Assistance (Form 1).
Penalties and Fines for Landlords Who Break Rent Increase Rules
New Brunswick takes landlord compliance seriously. If a landlord does not provide proper written notice or increases rent during a fixed-term lease where not allowed, penalties apply:
- The increase may be void; you may not need to pay the higher amount.
- The Tribunal can order the landlord to refund overpaid amounts.
- Landlords who ignore Tribunal orders or repeatedly violate rules may face fines up to $1,000 for individuals and $5,000 for corporations, as per Section 66 of the Residential Tenancies Act.[1]
For broader reference on tenants' responsibilities and rent payment details, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
Reporting a Violation or Disputing a Rent Increase
If you believe your landlord has increased your rent illegally:
- Contact the Residential Tenancies Tribunal immediately.
- Submit the Application for Assistance (Form 1) within 30 days of receiving the notice.
- Prepare to provide your lease agreement, rent payment records, and the rent increase notice.
Step-by-Step: Disputing a Rent Increase
Follow these steps to protect your rights and seek review by the Tribunal:
- Gather your written rent increase notice and rental agreement.
- Download and fill out the Application for Assistance (Form 1).
- Submit the completed form to the Tribunal office by email, mail, or in person.
- Wait for the Tribunal to review your application and notify you of the outcome.
Summary: Respond quickly, stay organized, and reach out for support if needed.
Where to Learn More
For a province-wide summary of tenant laws, visit Tenant Rights and Landlord Rights in New Brunswick. To compare rent rules in other provinces, check the fact pages for your province or territory.
Looking to move? Find rental homes across Canada on Houseme for up-to-date listings, including apartments, condos, and houses.
For more on how rent increases fit within overall tenancy, read Understanding Rent Increases: What Tenants Need to Know.
Frequently Asked Questions about Rent Increases in New Brunswick
- How much can my landlord raise the rent in New Brunswick?
There is currently no limit (cap) on the amount of a rent increase in New Brunswick. However, landlords must provide three months’ written notice before any increase can take effect. - Can my landlord increase the rent in the middle of my lease?
If you have a fixed-term lease, your landlord generally cannot increase your rent until the term ends unless your lease states otherwise. - What notice must my landlord give before raising my rent?
Your landlord must provide at least three months’ (90 days) written notice, using the official form or a written letter with all required details. - How can I challenge a rent increase I think is unfair?
Fill out the Application for Assistance (Form 1) and submit it to the Residential Tenancies Tribunal within 30 days of receiving the rent increase notice. - What happens if my landlord raises the rent illegally?
The Tribunal can void the increase, order a refund of any overpayments, and impose fines on the landlord for violations.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (New Brunswick): Official website | Phone: 1-888-762-8600 | Email: [email protected]
- New Brunswick Legal Aid Services Commission: Access tenant legal support
- Public Legal Education and Information Service of New Brunswick: Free information for tenants
- For more information about your rights, see Tenant Rights and Landlord Rights in New Brunswick.
