Who Pays Utilities? Lease Clauses in New Brunswick

Many tenants in New Brunswick wonder who is responsible for paying utilities when signing a lease. Utilities — like heat, electricity, water and internet — may be listed as the tenant27s responsibility, included in the rent, or split in a specified way. Knowing how lease clauses allocate utility costs helps renters avoid surprise bills and decide whether a unit is affordable. This article explains common lease language, what the province27s residential tenancy rules allow, how to document utility arrangements, and straightforward steps tenants can take if a landlord attempts to change utility obligations during a fixed term.

How utility clauses usually work

Lease clauses vary. Some leases state the tenant pays all utilities; others say the landlord pays basic utilities and the tenant pays extras like internet. Shared buildings sometimes divide costs by unit size or a flat per-unit fee. Always read the exact wording: phrases such as "tenant to pay" or "utilities included" are decisive. If the lease is silent on a utility, the general expectation is that the landlord provides essential services needed for habitability, but specific obligations can differ under provincial rules and tribunal decisions ^[1].

Common lease clauses and what they mean

• Tenant pays all utilities: tenant receives and pays utility accounts directly to providers.
• Utilities included in rent: landlord remains responsible for accounts but may set higher rent to cover costs.
• Shared-meter charges: landlord divides a bill among units based on a formula stated in the lease.

When utility costs are shared, the lease should explain the formula, billing dates, and how adjustments are made. If those details are missing, ask the landlord for clarification in writing and keep a copy.

What tenants should check before signing

Before you sign, confirm who pays heat, electricity, water, sewer, garbage, and internet. If a clause is unclear, propose clear wording and request that it be added. Tenants often overlook shared building charges or fees for hot water and heat. If the landlord requires payment for utilities, make sure the lease states the payment method, due date, and who holds receipts.

• Ask for sample bills or an example calculation for shared charges.
• Request that the lease state whether utilities are included or billed separately and how disputes are handled.

When utilities are in the landlord27s name

If the landlord keeps utilities in their name, they cannot automatically charge arbitrary amounts without a clear lease clause. Tenants should ask for copies of bills and a written explanation of how charges are calculated. If you suspect overcharging or lack of transparency, document requests and responses. You may be able to apply to the Residential Tenancies Tribunal to review the arrangement and seek an order for an accounting or corrected billing ^[1]. For general responsibilities of landlords and tenants, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Repairs, habitability and utilities

Essential utilities related to habitability (heat, hot water, running water, electricity needed for safety) are usually the landlord27s responsibility to provide and maintain. If a utility outage is due to disrepair, report it in writing and request prompt repair. For guidance on repairs and who should pay for maintenance, review resources about routine repairs and emergency repairs so you know your options and deadlines for filings Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

What to do if your landlord changes utility arrangements

If a landlord tries to change who pays utilities during a fixed-term lease, they generally cannot do so unless the lease allows it or you agree. Steps to protect yourself:

1. Review the lease wording carefully and save any written notices from the landlord.
2. Collect evidence: copies of the lease, email/text exchanges, past bills, and payment receipts.
3. If informal resolution fails, file an application with the Residential Tenancies Tribunal to request an order enforcing the lease or resolving the billing dispute ^[1].

Official forms you may need

New Brunswick tenants commonly use forms to start a tribunal application or respond to claims. Typical forms include:

• Application to the Residential Tenancies Tribunal (use to start a dispute about utilities or rent billing; for example, if a landlord demands additional utility money mid-lease, file this to ask for an order adjusting obligations). ^[3]
• Response form or reply to an application (used when the landlord has applied and you need to state your position and provide evidence). ^[3]

When completing forms, attach copies of the lease, bills, receipts, and any written communication with the landlord. If you need help filling a form, contact the tribunal office for instructions or visit their forms page ^[3].

Help and Support / Resources

• Residential Tenancies Tribunal - Government of New Brunswick
• New Brunswick Department of Justice
• Residential Tenancies Act (New Brunswick)

FAQ

Who normally pays for heat and electricity in New Brunswick rentals?

It depends on lease wording: the lease may require the tenant to pay, include utilities in the rent, or split costs. Essential heat for habitability is generally the landlord27s responsibility unless the lease explicitly states otherwise.

Can a landlord force me to pay a new utility charge during a fixed lease?

No, not without your agreement or a lease clause that allows it. If a landlord attempts to impose new charges, gather evidence and consider filing an application with the Residential Tenancies Tribunal.

What evidence helps in a utilities dispute?

Useful evidence includes the signed lease, utility bills, payment receipts, written messages with the landlord, and photographs of meters or installations.

How-To

1. Check your lease: read every clause about utilities and note deadlines or formulas.
2. Gather records: collect bills, receipts, emails and photos that show who used or paid utilities.
3. Complete and submit the tribunal application form with attachments and pay any required filing fee.
4. Attend the hearing with copies of your evidence and be ready to explain how the lease language supports your position.

Key Takeaways

• Always confirm who pays each utility before signing a lease.
• Get any verbal promises about utilities in writing and keep all bills and receipts.
• If a dispute arises, gather evidence and apply to the Residential Tenancies Tribunal for resolution.

For help finding a rental while keeping utility responsibilities in mind, Find rental homes across Canada on Houseme.