Tenant Rights and Responsibilities in New Brunswick: A Complete Guide
Are you renting for the first time in New Brunswick or simply want to understand your tenant rights and responsibilities better? Knowing what is expected of you—and what you’re entitled to—can make your rental experience much smoother. This guide highlights what tenants in New Brunswick should know about rent, maintenance, legal protections, and more.
Who Regulates Rentals in New Brunswick?
Residential tenancy matters in New Brunswick are overseen by the Residential Tenancies Tribunal of New Brunswick. This body handles disputes, rent increases, evictions, and ensures both tenants and landlords follow the law.
Your Key Rights as a Tenant
- Right to a Safe, Habitable Home: Your rental unit must meet health and safety standards and be in good repair.
- Right to Privacy: The landlord must give at least 24 hours’ written notice before entering your unit, except in emergencies.
- Right to Proper Notice: Rent increases or evictions require proper advance written notice, following legal guidelines.
- Right to a Written Lease: Although oral agreements are allowed, a written lease is best for clarity.
- Right to Timely Repairs: You are entitled to timely repairs to essential services like heating or plumbing.
For a comparison with other provinces, see Tenant Rights and Landlord Rights in New Brunswick.
Sensible Tip for Tenants
Your Main Responsibilities as a Tenant
- Pay Rent On Time: Rent is due as stated in your lease. Non-payment can lead to legal action.
- Keep the Unit Clean: General cleanliness and care are required. Report damage or needed repairs promptly.
- Respect Property and Neighbours: Avoid property damage and disturbances.
- Comply with Rules: Follow terms set in the lease, such as pet policies or guest limits.
For more on your ongoing obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Rental Deposits and Agreements
New Brunswick allows landlords to collect a security deposit, usually up to one month's rent.
- Security deposits must be placed in a trust account held by the landlord.
- Deposits must be returned to you within 7 days after the tenancy ends, minus approved deductions for damages (not normal wear).
Understand more about deposits in Understanding Rental Deposits: What Tenants Need to Know.
Common Health, Safety, and Maintenance Concerns
Landlords are responsible for major repairs and ensuring your rental meets building codes. If there are pest issues, heating failures, or unsafe conditions, inform your landlord in writing.
If repairs are not made, you may contact the Residential Tenancies Tribunal, which can order the landlord to act. For urgent concerns, review Health and Safety Issues Every Tenant Should Know When Renting.
Paying Rent and Rent Increases
Rent is due as detailed in your lease agreement. Landlords must provide written notice for any rent increases, with a minimum of three months’ notice required. There is currently no maximum limit on annual rent increases, but increases cannot be made more than once every 12 months per tenancy agreement.[1]
Ending Your Tenancy
To end your rental agreement, written notice must be given. Notice periods depend on your lease type:
- Month-to-month: At least 1 month written notice
- Fixed-term: As stated in your lease
Always provide notice in writing, using the official Notice of Termination form (see below).
Important Forms for New Brunswick Tenants
- Notice of Termination (Form 3): Used to officially end your tenancy. Submit to your landlord with proper notice. Download Form 3 from the Tribunal’s website.
- Condition Report: Use at move-in/move-out to document the unit’s condition. While not officially required, this protects your deposit and reduces disputes. Get or create a checklist and have both parties sign.
- Application for Assistance (Form 10C): If your landlord refuses repairs or enters without notice, submit this to the Tribunal. Download Form 10C and instructions here.
What if Issues Arise?
If you believe your rights are violated, or your landlord is not meeting responsibilities, collect documentation and bring your concerns, in writing, to the landlord first. If issues remain unresolved, apply to the Residential Tenancies Tribunal of New Brunswick for help.
Moving In or Out?
Plan your move carefully and use a checklist. Always conduct a walk-through inspection with your landlord. To help with next steps, see Essential Tips for Tenants When Moving Into a New Rental Home.
Looking for Rentals?
Browse apartments for rent in Canada and see what’s available in New Brunswick and beyond.
Frequently Asked Questions
- How much can my landlord increase my rent by in New Brunswick?
There is currently no legal cap on the amount, but landlords can only raise your rent once every 12 months and must give at least three months’ written notice. - What do I do if my landlord isn’t making repairs?
First, send your request in writing. If not resolved, you can apply to the Residential Tenancies Tribunal using the Application for Assistance (Form 10C). - Is a written lease required in New Brunswick?
No, but it is strongly recommended. Oral agreements are permitted but may make it harder to prove your rights in a dispute. - Can my landlord enter my unit without notice?
No. Except in emergencies, the landlord must give at least 24 hours’ written notice to enter the premises. - How do I get my security deposit back?
After your tenancy ends, your landlord has seven days to return your deposit, less any deductions for major damage (not normal wear and tear).
How-To Guide for New Brunswick Tenants
- How to end your tenancy properly in New Brunswick
Give the required written notice using Form 3: Notice of Termination. Submit this to your landlord with sufficient notice based on your lease type. - How to request repairs
Notify your landlord in writing, detailing what needs fixing. Keep a copy of your communication. If repairs are not made, submit Form 10C to the Tribunal. - How to handle a rent increase notice
Review the notice to ensure it gives at least three months’ warning, and if unsure about its validity, contact the Tribunal for guidance. - How to document move-in condition
Complete a condition report with your landlord at move-in, and have both parties sign. This is helpful if there are disputes at move-out.
Key Takeaways for New Brunswick Tenants
- Know your rights to safe housing, privacy, and proper notice.
- Pay your rent on time, keep your rental clean, and follow lease terms.
- Official forms and clear written communication help protect you if issues arise.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick – forms, guides, and complaint support
- Public Legal Education and Information Service of New Brunswick – tenant guides and mediation
- New Brunswick Service Portal – Tenancy Applications and forms
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