Understand New Brunswick’s rent increase rules
New Brunswick’s Residential Tenancies Act and related regulations govern rent increases. A landlord generally must follow the permitted annual percentage, give the required written notice, and wait the required period between increases. For an increase taking effect in 2025, the annual rent cap is 3%; the applicable percentage and rules can change, so check the government’s current rent information before relying on a figure.[1]
An increase above the cap may be possible only in circumstances allowed by law and may require approval from the Director of Residential Tenancies. A landlord cannot simply label an increase as an above-cap increase and charge it without following the approval process. Review the government’s rent cap guidance and compare it with your notice.
Step 1: Review the notice and your lease
Read the entire notice and compare it with your rental agreement and payment history. The notice should identify the new rent, effective date, and any required information about your right to challenge or respond. Check whether at least 12 months have passed since the last increase and whether the notice gives the legally required advance period.
- Confirm the notice date, effective date, current rent, and proposed rent.
- Calculate the percentage increase and the exact monthly amount being demanded.
- Check the time between this increase and the previous increase.
- Compare the notice with your lease, rent receipts, bank records, and earlier correspondence.
For background on notices, renewals, and ordinary rent changes, see Understanding Rent Increases: What Tenants Need to Know. If your fixed-term agreement is ending, Lease Renewals: What Tenants Should Know About Their Rights may also help you understand the renewal context.
Step 2: Ask the landlord for an explanation
Write a calm, dated request asking the landlord to identify the legal basis for the increase and to provide a copy of any approval for an amount above the cap. Ask whether the proposed amount includes a separate charge, service change, or other fee. Keep the request factual and send it using a method that creates a record.
- Ask the landlord to confirm the calculation and effective date in writing.
- Request the official approval or application details if the increase exceeds the cap.
- Save the landlord’s reply, envelope, email headers, text messages, and payment records.
Do not sign a new agreement accepting the disputed amount before you understand its effect. If the proposed rent is unaffordable and you are considering another home, Explore rental homes in your area while preserving your rights in the current tenancy.
Step 3: Gather evidence
The tribunal will decide based on the evidence and the applicable law. Organize documents in date order and make a short timeline. Include the original lease, rent increase notice, proof of the last increase, rent receipts, bank statements, messages, and any approval or application supplied by the landlord.
- Keep copies of every notice, letter, email, text message, receipt, and payment confirmation.
- Record the date and method used for every communication with the landlord.
- Prepare a calculation showing the current rent, capped amount, proposed amount, and difference.
- Collect proof of service, including registered-mail information or screenshots showing delivery.
Step 4: Use the official process
The Residential Tenancies Tribunal, administered through Service New Brunswick, handles residential tenancy disputes in the province. Contact the tribunal promptly to confirm the correct application, filing method, fee, service requirements, and hearing deadline for your situation.[2]
The relevant official form is the Application to the Director for Approval of a Rent Increase Above the Annual Percentage, available through the New Brunswick residential tenancy forms and information service. This form is generally used by a landlord seeking approval for an above-cap increase, but a tenant can ask the tribunal whether a copy should be provided or whether a tenant application or response form is required to challenge an increase. For example, if your notice demands 8% instead of the permitted percentage, ask for the application and approval record and follow the tribunal’s instructions for filing a response or dispute.
Use the tribunal’s current forms page rather than an old saved copy, because form names, delivery methods, and filing instructions can change. Send copies of your evidence as directed, serve the landlord correctly, and keep proof of filing and service.
Step 5: Prepare for a hearing or decision
If a hearing is scheduled, prepare a brief statement explaining why the increase appears invalid or unsupported. Refer to each document by date and explain the result you want, such as an order recognizing the lawful rent, repayment of an overpayment, or another remedy available under the Act.
- Attend the hearing or appointment on time and keep the confirmation details available.
- Bring or submit organized copies of your lease, notice, calculations, and correspondence.
- Tell the tribunal promptly if you need accessibility support, interpretation, or help understanding the process.
- Do not ignore an eviction notice or stop communicating because a rent dispute is underway.
Protect yourself from retaliation
A landlord must not use threats, harassment, an improper notice, or another prohibited step to punish a tenant for exercising legal rights. Keep evidence of any sudden change after you questioned the increase, including threats to end the tenancy, lockout attempts, or demands for cash payments. Report urgent safety concerns or an attempted illegal lockout to the appropriate authorities and ask the tribunal what remedy is available.
Continue following the lease unless the tribunal or another authorized body tells you otherwise. If you cannot pay the disputed amount, pay what you believe is lawful and affordable on time, explain your position in writing, and obtain advice promptly about any arrears or eviction risk.
Frequently Asked Questions
- Can a New Brunswick landlord raise rent above the annual cap?
- An increase above the cap may be allowed in limited circumstances, but the landlord must follow the statutory process and obtain any required approval before charging the higher amount.
- What should I do if my rent increase notice gives too little notice?
- Keep the notice, calculate the dates, write to the landlord explaining the problem, and contact the Residential Tenancies Tribunal to confirm the correct response or application process.
- Can I refuse to pay the entire proposed increase?
- Do not simply stop paying rent; pay the undisputed lawful amount on time, keep records, and obtain prompt tribunal or legal guidance about the disputed balance.
- What evidence is useful in a rent increase dispute?
- Useful evidence includes the lease, increase notice, rent receipts, bank records, prior notices, written communications, calculations, proof of service, and any official approval.
How-To Challenge an Above-Cap Rent Increase
- Read the rent increase notice and compare its dates and amount with your lease and payment records.
- Collect the notice, lease, receipts, communications, calculations, and proof of delivery.
- Request the landlord’s written explanation and any official approval for the above-cap amount.
- Contact the Residential Tenancies Tribunal and submit the correct application or response before the deadline.
- Attend the hearing or provide the requested evidence and ask for the remedy available under the law.
Help and Support / Resources
- Residential Tenancies Tribunal of New Brunswick
- New Brunswick rent cap information
- New Brunswick residential tenancy forms and information
