Tenant Rights and Responsibilities in New Brunswick Explained

As a tenant in New Brunswick, understanding your rights and responsibilities is key to a positive rental experience. Clear rules guide every stage, from moving in and paying rent to seeking repairs or moving out. This guide provides up-to-date information tailored to New Brunswick, including important forms, official contacts, and links to more resources.

What Laws Protect Tenants in New Brunswick?

Residential tenancies in New Brunswick are governed by the Residential Tenancies Act of New Brunswick^[1]. The Office of the Rentalsman handles disputes, applications, and questions about landlord and tenant issues.

• Tenancy agreements can be written, oral, or implied but must follow the law.
• The Office of the Rentalsman offers official forms, processes complaints, and provides tenant information. Access the Office of the Rentalsman here.^[2]

For a concise factsheet, visit Tenant Rights and Landlord Rights in New Brunswick.

Your Key Rights as a Tenant

Tenants in New Brunswick benefit from strong protections. Here’s what you can expect:

• Privacy: Landlords must generally give 24 hours' written notice before entering, except in emergencies.
• Safe Housing: Your unit must be fit to live in, with functioning heat, electricity, and water. For details about common concerns, see Health and Safety Issues Every Tenant Should Know When Renting.
• No Discrimination: Discrimination based on race, gender, family status, or other protected grounds is illegal.
• Rent Receipts: You are entitled to a rent receipt on request.
• Receipt and Return of Deposits: Security deposits are regulated, including when and how they are returned.

These laws help ensure tenants and landlords both act fairly throughout the tenancy.

Your Main Responsibilities as a Tenant

• Pay rent on time each month
• Maintain your home in a reasonably clean and safe condition
• Repair any damage you or your guests cause beyond normal wear and tear
• Respect other tenants and your landlord
• Follow the terms of your rental agreement

While your landlord has duties too, tenants play a vital part in keeping rental homes safe and pleasant. For a full breakdown, check Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Deposits, Rent, and Lease Agreements

Security Deposits

Landlords can require a security deposit no greater than one week's rent in New Brunswick. This deposit must be held in trust and can only be used for unpaid rent or damages at the end of tenancy. Learn more in Understanding Rental Deposits: What Tenants Need to Know.

Paying Rent

Pay rent in full and on time to avoid disputes or risk of eviction. Landlords cannot demand post-dated cheques or restrict payment methods unreasonably. For guidance, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Written Rental Agreements

• While not required by law, written agreements clarify both parties’ rights and obligations.
• Ensure the agreement lists rent amount, due date, included services, and rules.
• Ask for a copy of any document you sign.

Repairs, Maintenance, and Health Concerns

Your landlord must keep your unit in good repair and up to health and safety standards. If something breaks or conditions are unsafe:

• Notify the landlord in writing as soon as possible
• Keep copies of all communications and photos if possible
• If no action is taken within a reasonable time, you can apply to the Office of the Rentalsman to resolve the issue

How Rent Increases and Evictions Work in New Brunswick

Rent Increases

• Landlords must provide at least 3 months' written notice before a rent increase for year-to-year leases, or 1 month's notice for month-to-month agreements
• No limit on the amount of increase, but tenants can dispute excessive increases by applying to the Rentalsman
• Use Form 1 (Notice of Rent Increase), provided by the Office of the Rentalsman: Download Notice of Rent Increase (Form 1)

To challenge an increase, apply to the Rentalsman within 15 days of receiving notice.

Evictions

• Valid reasons include non-payment of rent, damage to property, or major rule violations.
• Landlords must provide a written notice using approved forms — e.g., Form 6 (Notice to Vacate for Cause). Download Notice to Vacate for Cause (Form 6)
• Tenants can apply to dispute an eviction through the Rentalsman.

Official Forms Every New Brunswick Tenant Should Know

• Notice of Rent Increase (Form 1): Used by your landlord to provide legal notice of a rent increase. Example: If your landlord decides to raise the rent, they must give you Form 1 with the required notice period. View and download Form 1.
• Application for Assistance (Form 5): Used by tenants to apply to the Office of the Rentalsman for dispute resolution or protection. Example: If a landlord fails to perform urgent repairs, you can fill out Form 5. View and download Form 5.
• Notice to Vacate for Cause (Form 6): Used by the landlord for eviction due to a breach such as unpaid rent. Tenants may contest this notice by responding or applying to the Rentalsman. View and download Form 6.

Most forms, guides, and resources are available directly from the Office of the Rentalsman website.

Where to Find More Rental Listings and Support

Whether you’re searching for a new apartment or planning to move, Browse apartments for rent in Canada for a wide range of listings, including affordable housing and pet-friendly options.

Frequently Asked Questions

1. What notice does my landlord need to give before entering my unit? Landlords must provide 24 hours' written notice before entering your rental unit unless it's an emergency.
2. How much can my landlord increase my rent in New Brunswick? There is no cap on rent increases, but written notice must be given (3 months for annual leases, 1 month for monthly). Excessive increases can be disputed with the Rentalsman.
3. What can I do if my landlord doesn’t fix urgent repairs? Notify your landlord in writing, and if unresolved, submit an Application for Assistance (Form 5) to the Office of the Rentalsman for help.
4. Can I be evicted without cause? No. There must be a legal reason—such as unpaid rent or serious rule breaches—and the landlord must use the appropriate form and notice period.
5. How do I get my security deposit back? If you have met the lease terms and given proper notice to leave, your security deposit should be returned promptly after your tenancy ends. Deductions can only be made for damages or unpaid rent.

How To: Take Action on Your Tenancy Concerns

1. How do I dispute a rent increase in New Brunswick? Review your notice, respond in writing to your landlord, and file an application with the Office of the Rentalsman within 15 days.
2. How do I request urgent repairs? Contact your landlord in writing with details. If the repair isn’t completed in a reasonable time, complete Form 5 and submit it to the Office of the Rentalsman.
3. How do I apply to the Office of the Rentalsman? Complete and submit the relevant application form (such as Form 5) including supporting evidence. Submissions can often be made by email, mail, or in person. Check the official site for current procedures.

Key Takeaways

• Know your rights and always keep written records
• Consult the Office of the Rentalsman for official forms, support, and dispute resolution
• Written agreements and communication help prevent misunderstandings

Need Help? Resources for Tenants

• Office of the Rentalsman – Tenancy Information, Forms & Contact
• Phone: 1-888-762-8600 (toll-free)
• Residential Tenancies Act of New Brunswick – Full Legislation
• Additional guidance: New Brunswick Tenant and Landlord FAQs

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1. [1] Read the full Residential Tenancies Act of New Brunswick
2. [2] Visit the Office of the Rentalsman for forms, complaints, and assistance

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