Whether you're renting your first apartment or navigating a tricky situation with your landlord, understanding tenant rights and responsibilities in New Brunswick is essential. This FAQ addresses the most common legal questions tenants have, from lease agreements and rent increases to maintenance and deposits. Designed for New Brunswick renters, it provides plain-language guidance and direct links to forms and legal resources so you can act with confidence.
Key Tenant Rights in New Brunswick
Tenants in New Brunswick have legal protections under the Residential Tenancies Act, which sets out the rules for renting, including lease agreements, rent payments, repairs, and what happens when you move out. The Residential Tenancies Tribunal is the official authority that oversees disputes and administers forms.
- Leases: Must be in writing, outlining rent, length, and important terms.
- Deposits: Landlords can request a security deposit up to one month’s rent.
- Rent Increases: Landlords must give at least three months’ written notice before increasing rent.
- Maintenance: Landlords are responsible for most repairs and ensuring the home is safe and fit to live in.
- Privacy: Landlords must give at least 24 hours’ notice before entering your rental, except for emergencies.
Security Deposits and Moving In
Before moving in, landlords may request a security deposit of up to one month’s rent. This deposit must be placed in a trust account and returned with interest when you move out, provided there are no damages beyond normal wear and tear.
For a detailed explanation, see Understanding Rental Deposits: What Tenants Need to Know.
Dealing with Repairs and Maintenance
Tenants have the right to a safe, well-maintained home. Landlords must arrange for repairs as needed. For normal repairs, inform your landlord in writing and allow a reasonable time for response; for emergencies (like no heat or water), contact your landlord immediately.
If you're facing unresolved health or safety concerns, check Health and Safety Issues Every Tenant Should Know When Renting for guidance on next steps.
Requesting Repairs: Official Forms
- Application for Assistance (Form 2): File this with the Residential Tenancies Tribunal if your landlord does not address repair requests after you notify them. Download Form 2 (official link) and submit as instructed on the form.
Rent Increases and Rent Payments
Landlords can only raise rent after giving at least three months' written notice and can only do so once every twelve months. If you believe a rent increase is unfair or not properly served, you can dispute it with the Residential Tenancies Tribunal.
For more information on handling rent payments and increases, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
Ending a Lease: How and When
If you plan to move out, you must give proper written notice, usually at least one month before the end of a lease or rental period. There is a standard notice form in New Brunswick. If you need to leave before your lease ends, speak with your landlord and check the official rules.
What Happens After You Sign the Lease?
Once the lease is signed, both you and your landlord have clear legal obligations. To learn more about these responsibilities and how they’re enforced, visit What Tenants Need to Know After Signing the Rental Agreement.
Staying Informed
Knowing your rights and options is the best way to protect yourself and maintain a positive landlord-tenant relationship. For further details specific to New Brunswick, see Tenant Rights and Landlord Rights in New Brunswick.
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- Can my landlord evict me without proper notice? No. Landlords must give written notice using the official Notice of Termination (Form 8) and follow the procedures set by the Residential Tenancies Act. Eviction without proper notice or legal grounds is not permitted.
- What do I do if my landlord won’t fix a problem? Notify your landlord in writing and keep a record. If repairs aren’t made in a reasonable time, use the Application for Assistance (Form 2) to apply to the Residential Tenancies Tribunal.
- Do I need to agree to a rent increase? If properly given notice, you must pay the new amount unless you challenge the increase with the Tribunal. You may dispute if the notice isn’t valid or if the increase is unreasonable.
- Can my landlord ask for last month's rent upfront? No. Landlords can only request a security deposit up to one month's rent, held in trust, not "last month's rent."
- Who do I contact for tenancy disputes in New Brunswick? The Residential Tenancies Tribunal handles tenant/landlord disputes and enforces the Residential Tenancies Act.
- How do I file a repair complaint with the Tribunal? 1. Notify your landlord in writing. 2. Download and fill out Application for Assistance (Form 2). 3. Submit the form to the Residential Tenancies Tribunal with details of your repair issue.
- How can I dispute a rent increase? 1. Review the written rent increase notice. 2. Respond in writing to your landlord (optional but recommended). 3. Submit an Application for Assistance (Form 2) to the Tribunal within 15 days of receiving the notice.
- How do I give proper notice to end my lease? 1. Download Notice of Termination by Tenant (Form 3). 2. Fill out and sign the form. 3. Deliver it to your landlord at least one month before moving out.
- How do I get my security deposit back? 1. Ensure your unit is clean and undamaged (aside from normal wear/tear). 2. Your landlord must return your deposit, with interest, within 7 days of your move out, unless disputed. If not, file Form 2 with the Tribunal.
Need Help? Resources for Tenants
- New Brunswick Residential Tenancies Tribunal — forms, dispute resolution, rental information
- Service New Brunswick Tenant Info: 1-888-762-8600
- Legal Advice: New Brunswick Legal Aid Services Commission
- Province-wide tenant rights information: Tenant Rights and Landlord Rights in New Brunswick
