Rights And Responsibilities Of A Tenant In New Brunswick

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Everyone should know about the rights and responsibilities that they have as a tenant, especially if they are moving out for the first time or are moving from another country. Each province and territory has different rules and regulations that govern how landlords and tenants must act. This is why it’s important that you take the time to become familiar with the specific rental laws of where you’re planning to live.

Responsibilities Of A Tenant In New Brunswick

As a tenant in New Brunswick, you have certain responsibilities to your landlord. They also have certain responsibilities to you. Your responsibilities as a tenant include:

Paying your rent and utilities on time and in full
Not disturbing other tenants of the premises or your landlord
Engaging only in legal activity and business on the premises
Keeping your unit clean
Preventing damages that you, your guests, or your pets make, and repairing any damages made if they are beyond regular wear and tear
Letting your landlord know if any repairs are needed
Allowing your landlord entry to your unit if they have provided an appropriate amount of notice if they need to make repairs, inspect your unit, perform maintenance, or show it to potential tenants or buyers
Moving out when your rental agreement is over

Things You Should Look For In Your Rental Lease Agreement

Your rental lease agreement provides all the information you should need about your tenancy, including the terms of your tenancy and how to end it.

Your rental lease agreement should include several important pieces of information, including:

Parties Involved – Your rental lease agreement should include who the parties to the agreement are. This includes the landlord, the tenant and any other occupants who will live in the property.
Lease Length – How long your tenancy will be and what kind of lease it is, such as if it is a periodic or fixed-term lease. The type of lease you have can affect the rental termination and eviction rules.
Rent – How much you must pay for rent, when it’s due, and how you can pay it
Tenant Responsibilities – The rental agreement should also include your duties as a tenant such as the ones listed above.
Security Deposit – If you’ve provided a security deposit, the agreement should include the amount and conditions around it.
Restrictions – Additional clauses in the rental lease should also be included, such as pet and smoking restrictions.
Inspection – Inspection reports are a requirement in New Brunswick. The report should be included in the agreement and signed by the landlord and you.

Find out what happens if your landlord sells the property you are renting.

Security Deposit Rules In New Brunswick

A security deposit is an amount of money that a landlord can require a tenant to pay before they move in. The deposit may be refundable or nonrefundable, depending on the terms of the rental lease agreement. Landlords can often withhold part or all of the security deposit to cover costs associated with unpaid rent, damages, or lost property.

Landlords who receive a security deposit must remit it to the Residential Tenancies Tribunal for safekeeping within 15 days, otherwise, they are committing an offence under the Residential Tenancies Act. They must also complete the Security Deposit Remittance Form. You can pay your security deposit at any Service New Brunswick Centre or directly to your landlord. You should get a receipt to prove that you have paid a security deposit.

The amount of a security deposit depends on how long your tenancy is:

If you have a week-to-week tenancy, the security deposit can be up to one week of rent.
If you have a month-to-month tenancy, the security deposit can be up to one month of rent.
If you have a year-to-year tenancy, the security deposit can be up to one month of rent.
If you have a fixed-term tenancy, the security deposit can be up to one month of rent.
If you have a mobile home site tenancy, the security deposit can be up to three months of rent.

A landlord in New Brunswick cannot charge any additional security deposit for pets.

How To Get Your Security Deposit Back in NB

To get your security deposit back, you must apply to do so using the Application for Return of Security Deposit form. You can also apply to transfer your deposit to another rental unit or to another tenant at the premises you are vacating. If your landlord wants to make a claim to get some or all of your security deposit, they may complete an Inspection Report and a Security Deposit Claim Form.

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Does New Brunswick Have Rent Control?

No, New Brunswick does not have rent control. Residential rental rates depend on market conditions, so if there is an unreasonably high rental rate, prospective tenants will go elsewhere.

The Residential Tenancies Act gives landlords the ability to increase rent. There is no limit to how much they can raise the rent, but there are rules on how much notice they must give before they can raise the rent. The notice they are required to give before they raise the rent depends on what kind of tenancy you have.

If you have a fixed-term lease, your landlord can raise your rent if they have specified an amount and time of an increase in your lease agreement. If the amount and time of an increase are not specified in your lease agreement, your landlord must give you at least three months of notice before raising your rent.
If you have a week-to-week lease, your landlord must give you at least two months of notice before raising your rent.
If you have a month-to-month lease, your landlord must give you at least two months of notice before raising your rent.
If you have a year-to-year lease, your landlord must give you at least three months of notice before raising your rent.
If you are a long-term tenant (living on the premises for more than five years), your landlord must give you at least three months of notice before raising your rent.
If you have a lease at a mobile home site, your landlord must give you at least six months of notice before raising your rent.

What If I Don’t Agree With The Rent Increase?

If you don’t agree with a rent increase, you can choose to terminate your lease and have your tenancy ended on the day immediately before the rent increase takes effect. You must inform your landlord of your intentions in writing, and your notice must include the address of where you live, a date, and your signature.

Tenant rights and responsibilities across Canada

How To Terminate A Lease In New Brunswick

To terminate a lease in New Brunswick, a written Notice of Termination must be provided. Either a landlord or a tenant can initiate the termination process. They do not have to give a reason why they want to end the lease if the lease is periodic.

How much advance notice is required before a tenant leaves the premises depends on the type of tenancy and how long the tenancy is.

Week-To-Week Leases

There must be at least one full tenancy week of notice given, and it is effective on the last day of the next week.

Month-To-Month Leases

There must be at least one tenancy month of notice before the end of a month, and it is effective on the last day of the month.

Year-To-Year Leases

There must be at least three months of notice before the anniversary date of the lease, and it is effective on the last day of the lease.

Long-Term Tenancies

When a tenant has lived on the premises for more than five years, a tenant must give notice one month before they would like the lease to end. That notice must be given no later than the day rent is due, and they do not need to provide a reason why they want to end the lease.

A landlord must give three months’ notice and must provide a reason for ending the lease. The only acceptable reasons for ending the lease are if the rental unit is to be used for something other than a rental unit, if the landlord wants themselves or their immediate family to live in the unit, if the rental unit will be significantly renovated, or if the tenant has a job maintaining or managing a rental unit and the job ends.

Find out if New Brunswick has rent control?

Mobile Home Site Leases

A tenant must give two months of notice. A landlord must give six months of notice and provide a reason for ending the lease. The only acceptable reasons for ending the lease are if the mobile home site is to be used for something other than a mobile home site, if the landlord wants themselves or their immediate family to live on the rental site, or if the mobile home site will be significantly renovated.

New Brunswick Eviction Rules

There are several reasons that a landlord can choose to evict you in New Brunswick. They must provide adequate notice to vacate the premises, and they must follow a specific set of rules to legally evict you.

Your landlord can evict you if you haven’t paid the rent you owe and they have served you a Notice to Vacate or a Final Notice to Vacate. If you have received a valid Notice of Termination and have not left the premises on the date specified in the Notice, your landlord can evict you. Your landlord can also evict you if you have not left the premises following the end of a fixed-term lease or if you have received a Notice to Quit from a Residential Tenancies Officer.

Additional Reading

Can A Landlord Say “No” To Overnight Guests?

How Does Tenant Insurance Work?

Can Your Rent Payments Help You Build Credit?

New Brunswick Rental FAQs

Do I need to do a condition inspection report in New Brunswick?

Yes, you need to do a condition inspection report in New Brunswick. Before you move in, you must walk through the premises and record any damage in an Accommodation Inspection Report. This document will help to protect both you and your landlord since it is a record of a premises’ condition that can be referred to when you move out to see how the condition has changed while you lived there.

What happens if my landlord refuses to repair something in my unit?

Landlords are legally obligated to maintain living premises in a state of cleanliness and repair so that they are fit for habitation. If they do not fulfill these obligations, you can consult with the Residential Tenancies Tribunal. They may issue a Compliance Order to require the landlord to make repairs, divert rent to the Residential Tenancies Tribunal, or make the repairs through a third party at the landlord’s expense.

Can a landlord say no to pets in New Brunswick?

Yes, landlords can include no-pets clauses in a lease agreement in New Brunswick. Since they are allowed to make rules to promote safety, comfort, and well-being on their property to protect tenants and property, they can say no to pets.

What happens if my landlord tries to keep my security deposit?

To keep your security deposit, your landlord must submit a Security Deposit Claim Form to the Residential Tenancies Tribunal. A Residential Tenancies Officer will examine this form and review evidence provided by both the landlord and tenant to determine how much the landlord can claim. The Residential Tenancies Tribunal should make a decision within 45 days, after which it can be appealed. A cheque will be mailed by Service New Brunswick if there was no appeal or if an appeal has failed.

Bottom Line

As a tenant in New Brunswick, you have responsibilities to your landlord, and you also have rights that protect you. If you have any issues with your tenancy or with your landlord, you can work with the Residential Tenancies Tribunal, which is an organization that serves to protect the interests of both you and your landlord. Generally, however, if you know your rights and responsibilities and follow them to the letter, you should have no problems with your tenancy or with your landlord.