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.
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:
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:
Find out what happens if your landlord sells the property you are renting.
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:
A landlord in New Brunswick cannot charge any additional security deposit for pets.
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.
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 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.
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.
There must be at least one full tenancy week of notice given, and it is effective on the last day of the next week.
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.
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.
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?
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.
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.
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.
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Matthew joined the Loans Canada writing team in 2021 while was finishing up a Bachelor's degree at the University of Saskatchewan. It was there that he discovered his love of writing. His work has appeared in several publications, including the Canadian Student Review and NewEngineer.com. In his spare time, Matthew enjoys reading, geocaching, and spending time with his family and pets.
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