Top 10 Tenant Rights in New Brunswick

If you’re renting in New Brunswick, it’s important to understand the fundamental rights that the law gives you as a tenant. Familiarizing yourself with these protections can help you prevent disputes, respond to issues, and enjoy your rental experience with peace of mind. Below we explore the top 10 tenant rights every renter in New Brunswick should know, highlight the vital forms and procedures you may need, and provide links to further resources for help.

Your Key Rights as a Tenant in New Brunswick

1. Security of Tenure

Tenants in New Brunswick cannot be evicted without proper notice and a valid legal reason, such as unpaid rent or the landlord needing the unit for personal use. The Residential Tenancies Tribunal oversees rental agreements, notices, and evictions. Ensure all communication about ending your tenancy is in writing and check the required notice periods under the Residential Tenancies Act^[1].

2. Right to a Written Lease or Rental Agreement

Landlords must provide tenants with a written lease or tenancy agreement. This document outlines rent, deposit, length of tenancy, and responsibilities. If your landlord does not supply one, request it in writing as soon as possible for your protection. For more details on your rights after signing, see What Tenants Need to Know After Signing the Rental Agreement.

3. Security Deposit Protections

Landlords in New Brunswick can ask for a security deposit (also called a damage deposit), but the maximum amount is equal to one month’s rent. This deposit must be held in trust and returned at the end of your tenancy, minus legitimate deductions for damages beyond normal wear and tear. Learn more about deposit rules in Understanding Rental Deposits: What Tenants Need to Know.

4. Legal Rent Increases

Landlords must provide at least three months’ written notice before raising your rent, and rent can only be increased once every 12 months for existing tenants. If you believe your rent increase is unfair, you can challenge it by applying to the Residential Tenancies Tribunal.

5. Right to Proper Notice

Whether it’s for entering your unit, ending a tenancy, or making repairs, landlords are required to give written notice. For entry, at least 24 hours’ written notice is typically required except in emergencies.

6. Habitability and Health & Safety

You have the right to a safe, clean, and habitable home. Landlords are responsible for ensuring the unit meets health, safety, building, and maintenance standards throughout your tenancy. This includes proper heating, plumbing, and pest control. See more in Health and Safety Issues Every Tenant Should Know When Renting.

7. Privacy and Quiet Enjoyment

Your landlord cannot enter your home without proper notice (except in emergencies). You also have the right to privacy and the peaceful enjoyment of your rental, free from harassment or unreasonable disturbance.

8. Repairs and Maintenance

Tenants must inform their landlord about needed repairs in writing. The landlord is generally responsible for most repairs unless the damage was caused by the tenant. For further guidance on your obligations and who is responsible, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

9. Protection from Unlawful Fees and Practices

Landlords cannot charge additional, unapproved fees or take actions not permitted by law, such as shutting off utilities or locking you out. If you encounter unlawful behaviour, you can file a complaint with the Residential Tenancies Tribunal.

10. Access to Official Complaint Resolution

If a dispute arises—over repairs, deposits, notices, or other issues—you can apply to the Residential Tenancies Tribunal for help. The Tribunal provides official forms and guides you through the process.

Essential Forms for Tenants in New Brunswick

• Notice of Termination by Tenant (Form 6): Use this form when you wish to end your tenancy. Submit it to your landlord with the required notice period as laid out in your lease or the legislation. Download from the NB government site.
• Application for Assistance (Form 16): This form allows tenants to request dispute resolution or assistance with complaints. Examples include disputes over deposits, repairs, or eviction notices. Download here.

Always follow the instructions included with each official form and provide the correct supporting documentation. If unsure, contact the Tribunal for assistance.

For more New Brunswick-specific details, see Tenant Rights and Landlord Rights in New Brunswick.

FAQ: Tenants’ Most Common Questions

1. Can my landlord enter my rental unit without my permission?
   In most cases, landlords must provide written notice at least 24 hours in advance before entering, unless there's an emergency.
2. How much notice does my landlord have to provide for a rent increase?
   Landlords must give at least three months’ written notice before raising the rent, and only one increase per year is allowed.
3. What should I do if my landlord does not return my security deposit?
   You can file an Application for Assistance (Form 16) with the Residential Tenancies Tribunal for help recovering your deposit.
4. What are my responsibilities as a tenant?
   Tenants are generally responsible for keeping the unit clean, notifying the landlord about damages, and paying rent on time.

Key Takeaways for Tenants in New Brunswick

• Know your rights to a habitable, safe, and private home.
• Use official forms and follow proper notice periods to resolve issues and avoid disputes.
• Document all communications and reach out for help when needed.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal: Official government tenancy board – applications, forms, and contact info.
• Legislation: Residential Tenancies Act
• Tenant advocacy: New Brunswick Tenant Advocacy groups (search local organizations for additional support)
• Rental search: Browse apartments for rent in Canada

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1. [1] Residential Tenancies Act (New Brunswick)
2. [2] Residential Tenancies Tribunal (Government of New Brunswick)

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