Many tenants in New Brunswick find confusing or unfair clauses in their lease agreements. Courts in the province have repeatedly ruled that certain contract terms are unenforceable, especially those that conflict with statutory tenant protections or attempt to waive basic rights. This guide explains what kinds of lease clauses New Brunswick courts commonly strike down, how renters can document problems, and practical next steps if your landlord relies on a questionable term. You will also find clear instructions on which official forms to use, when to contact the Residential Tenancies Tribunal, and how to present evidence effectively. The goal is to help tenants understand their rights, avoid costly mistakes, and act promptly if a dispute starts.
What makes a lease clause unenforceable in New Brunswick?
A clause is often unenforceable if it conflicts with New Brunswick tenancy law, tries to waive core tenant rights, or imposes penalties that are unreasonable or not backed by legislation. Common examples include provisions that attempt to require tenants to give up statutory protections, force tenants to pay for normal wear and tear, or impose invalid eviction shortcuts.
Examples courts often strike down
- A clause making the tenant responsible for normal wear and maintenance that the landlord must legally cover.
- A provision charging excessive administrative or "processing" fees not permitted under provincial rules.
- A waiver of the right to apply to the Residential Tenancies Tribunal or to contest an eviction.
- A term that requires tenants to pay for repairs caused by normal use rather than damage.
How courts evaluate a clause
Judges look at whether the clause conflicts with the Residential Tenancies Act and whether it is unconscionable or ambiguous. If the clause attempts to remove a right provided by statute, courts will often refuse to enforce it. Evidence showing how the clause was used in practice can also matter in a hearing.
Documenting issues and preparing evidence
Good records improve a tenant's chances in tribunal proceedings. Keep photos, repair requests, receipts, written communications, and the original signed lease. Note dates and times for phone calls or visits.
Practical steps for tenants
- Ask the landlord in writing for clarification or a correction when a clause seems to conflict with law.
- Collect and save evidence such as photos and copies of messages about the issue.
- Contact tenant information services for advice before filing an application.
When to file an application
If informal steps do not resolve the problem, tenants can file an application with the Residential Tenancies Tribunal to request an order that an unenforceable clause not be applied, or to seek remedies for improper charges or eviction attempts. For Tribunal contact details and to find official forms, see the resources below[1][2].
Related tenant topics
For help on issues commonly linked to unenforceable clauses, see Tenant Rights and Landlord Rights in New Brunswick and What Tenants Need to Know After Signing the Rental Agreement. If you are looking for alternate housing while you sort a dispute, Find rental homes across Canada on Houseme.
FAQ
- Can a landlord make me waive my right to go to the tribunal?
- No. Clauses that strip away access to the Residential Tenancies Tribunal or that attempt to waive statutory rights are often unenforceable in New Brunswick.
- What evidence should I bring to a tribunal hearing?
- Bring the signed lease, any addenda, dated photos, repair requests, receipts, and a timeline of events showing attempts to resolve the issue.
- Will a court or tribunal automatically cancel an unfair clause?
- Not automatically; the tribunal may strike or refuse to apply the clause, but you typically need to file an application and present evidence to get an order.
How-To
- Check timelines in New Brunswick rules and act within required deadlines when you discover a problematic clause.
- Complete the appropriate Tribunal application form and attach copies of the lease and supporting evidence.
- Submit your application to the Residential Tenancies Tribunal and keep proof of filing.
- Attend the hearing, present your documentation clearly, and explain why the clause should not be enforced.
Help and Support / Resources
- Residential Tenancies Tribunal (Service New Brunswick)
- Residential tenancies forms (Service New Brunswick)
- Residential Tenancies Act (New Brunswick)
