What Landlords Can Legally Charge Before Move-In in New Brunswick

Moving into a new home in New Brunswick? Before you hand over any money, it’s important to know exactly what fees and deposits your landlord can legally charge before you get the keys. Understanding the laws around pre-move-in charges can help protect your rights as a tenant, prevent misunderstandings, and ensure you aren’t paying more than you should under provincial law.

Standard Pre-Move-In Charges in New Brunswick

According to the Residential Tenancies Act of New Brunswick, landlords may only collect specific upfront payments from tenants prior to moving in. It’s crucial to know what’s permitted—and what’s not:

• Security Deposit: Also known as a rental deposit or damage deposit.
• First Month’s Rent: Payment for the initial rental period may be collected ahead of move-in.

Other charges—like last month’s rent, non-refundable fees, or additional deposits (such as for pets, keys, or cleaning)—are not legally allowed in most cases before you move into the rental unit.

Security Deposit Limits

Landlords can only ask for a security deposit equal to one week’s rent for a weekly tenancy or one month’s rent for all other tenancy types.^[1]

For example, if your rent is $900 per month, the maximum legal security deposit is $900. The deposit is held in trust by the landlord, to cover any damage beyond normal wear and tear at the end of your tenancy.

For a detailed breakdown, see Understanding Rental Deposits: What Tenants Need to Know.

Other Fees and Prepayments

• Key Deposits: Not explicitly allowed unless agreed in writing and refundable at end of tenancy.
• Application Fees: Charging fees for processing rental applications is not permitted in New Brunswick.
• Pet Deposits: Additional pet deposits cannot be charged on top of the maximum security deposit.
• Advance Rent: Landlords can only collect rent for the first rental period (e.g., the first month), not for multiple months in advance.

Understanding these rules can help you avoid unexpected or unlawful charges as you secure your new home.

Required Government Forms and Your Rights

All rental agreements and deposits in New Brunswick are governed by the Residential Tenancies Act. Here’s what you need to know about official forms:

• Notice of Condition of Premises (Form 1): This form should be completed at move-in and describes the unit’s condition. It helps protect your deposit by documenting the state of the rental.

How to use Form 1: Both tenant and landlord fill out and sign the Notice of Condition of Premises at the start of the tenancy, noting any issues or damages. Keep a copy for your records. Access Form 1: Notice of Condition of Premises (PDF)

For a smooth move-in, see these Essential Tips for Tenants When Moving Into a New Rental Home.

The Role of the Residential Tenancies Tribunal

Rental disputes and tenancy matters in New Brunswick are handled by the Residential Tenancies Tribunal. This tribunal resolves disputes about deposits, rent, repairs, and more. If you face a disagreement over what a landlord can charge, you may file a complaint or seek resolution with the Tribunal.

Tip: Always get a receipt for any payments made to your landlord, including security deposit and first month’s rent.

Action Steps for Tenants: Safeguarding Your Rights

• Confirm all requested pre-move-in payments are legal and within provincial limits.
• Use Form 1 with your landlord to document the unit’s condition on move-in day.
• Retain all payment receipts and signed documents.
• If you’re being asked for additional or suspicious charges, contact the Residential Tenancies Tribunal for guidance.

For more on your rights under provincial law, visit Tenant Rights and Landlord Rights in New Brunswick.

Need to expand your rental search? Find rental homes across Canada on Houseme for more options and tips.

Frequently Asked Questions: Tenant Charges Before Move-In

1. How much can my landlord charge for a security deposit in New Brunswick?
   Only up to one month’s rent, or one week’s rent for weekly tenancies.
2. Can my landlord charge a non-refundable cleaning fee before I move in?
   No. Non-refundable pre-move-in fees, including cleaning fees, are not permitted.
3. Is it legal for a landlord to collect pet deposits in New Brunswick?
   No, pet deposits are not allowed on top of the security deposit and first month’s rent.
4. What should I do if my landlord asks for extra deposits or advance rent?
   Ask the landlord to provide a legal reason—if not permitted under the law, refuse the payment and contact the Residential Tenancies Tribunal for support.
5. Where can I file a complaint if I’m overcharged before moving in?
   Contact the Residential Tenancies Tribunal or use their online resources to file a complaint.

Key Takeaways for New Brunswick Tenants

• Landlords can only collect a security deposit (maximum: one month’s rent) and first month’s rent before you move in.
• Advanced or non-refundable application, pet, or cleaning fees are usually not allowed before occupancy.
• Always document the unit’s condition using Form 1 and keep all receipts.

Following these steps helps ensure a transparent and legal start to your rental experience.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal: For questions, disputes, and official complaint process.
• Residential Tenancies Act of New Brunswick: Full provincial legislation.
• Public Legal Education and Information Service of New Brunswick: Free legal info for tenants.

---

1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal of New Brunswick

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy