What Tenants Should Do If Rent Is Raised Without Notice in New Brunswick

If you're a tenant in New Brunswick and your landlord raises your rent without notice, it's natural to feel concerned or confused. Understanding your rights and the steps you can take under New Brunswick’s rental laws can help you respond confidently and protect yourself from unfair treatment. This guide breaks down what to do, official forms to use, and where to get help.

Your Rights Regarding Rent Increases in New Brunswick

New Brunswick’s Residential Tenancies Act sets out specific rules that limit how and when landlords can increase rent.

• Written Notice Required: Landlords must provide tenants with written notice of a rent increase.
• Notice Period: The required notice period is at least three months before the rent increase takes effect.
• This applies to monthly, yearly, and week-to-week leases.

The landlord cannot increase your rent until the correct notice period has passed. If your rent is raised without notice, the increase is not valid and you are within your rights to challenge it.

What To Do If Your Rent Is Increased Without Proper Notice

If you receive a rent increase without the required three months' written notice, here are your practical steps:

• Do not pay the increased amount unless the proper notice has been given.
• Request confirmation from your landlord about the date and method of notice.
• If you did not receive written notice, inform your landlord, referencing your rights under the Residential Tenancies Act (New Brunswick).
• Keep detailed notes and copies of all correspondence.

If the landlord insists on the increase or threatens eviction, you should formally dispute the rent increase. New Brunswick has specific government processes to protect tenants in these situations.

How To Dispute an Unauthorized Rent Increase

The Residential Tenancies Tribunal of New Brunswick manages all formal disputes about rent increases, notice, and other tenancy issues.

Key Steps:

• Contact the Tribunal to file a complaint about improper notice of rent increase.
• Use the official Application for Assistance (Residential Tenancy Tribunal Form 1).

Form Name: Application for Assistance (Form 1)

When and how to use: Use this form if you believe your rent was increased without proper notice or you’re in a dispute with your landlord. Submit the completed form online or contact your regional office for support. Access the Application for Assistance (Form 1) here.

For general issues after your rental agreement is signed, see What Tenants Need to Know After Signing the Rental Agreement.

Penalties for Landlords Who Increase Rent Without Proper Notice

When a rent increase is found to be improper, the Tribunal can order the landlord to reverse any overpayments. They may also issue warnings or, in rare cases, administrative penalties for repeat violations.

Summary of Key Rules for Rent Increases

• Minimum three months' written notice required for all rent increases.
• No limit to how much rent can be increased, but proper process must be followed.
• Disputes can be resolved through the Residential Tenancies Tribunal.

Learn more about the process in Understanding Rent Increases: What Tenants Need to Know.

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For a summary of tenant and landlord rights in your province, see Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions (FAQ)

1. If my landlord gives me less than 3 months’ notice for a rent increase, do I have to pay the higher amount? No, you are only required to pay the increased rent after the full three months' written notice has been provided.
2. Can my landlord increase rent multiple times per year in New Brunswick? While there is no set limit to the number of increases, each must be accompanied by at least three months’ written notice, and any attempt to increase rent more frequently may be challenged at the Tribunal.
3. Where do I file a complaint if my landlord raises the rent without notice? You should use the Application for Assistance (Form 1) and submit it to the Residential Tenancies Tribunal of New Brunswick.
4. What happens if I have already paid the increased rent before realizing the notice was improper? You can request a refund through the Tribunal if the increase was applied in violation of proper notice rules.
5. Does my lease need to mention notice periods for rent increases? The legal requirement for notice under the Residential Tenancies Act always applies, whether or not it is restated in your lease.

Conclusion: Essential Takeaways for Tenants

• Landlords in New Brunswick must give at least three months’ written notice before any rent increase.
• If rent is increased without this notice, you can dispute the increase through the Residential Tenancies Tribunal.
• Keep all communications documented and don’t hesitate to seek help if you feel your rights are not being respected.

Understanding rent increase rules gives you confidence and peace of mind in your home.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal, New Brunswick – Official site to file complaints or seek advice, with forms and guides.
• Contact Service New Brunswick: Service New Brunswick Website or call 1-888-762-8600.
• Local legal aid offices and tenant advocacy organizations may provide free support and advice on rental issues.
• See Tenant Rights and Landlord Rights in New Brunswick for a broad overview of your tenant protections and responsibilities.

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1. New Brunswick Residential Tenancies Act: Read the current Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal: Access official tenant dispute services
3. Notice requirements: Government of New Brunswick – Rent Increases

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