Landlord Guide to Renting in New Brunswick

New Brunswick requires that all residential tenancies be documented using the Standard Form of Lease prescribed under the Residential Tenancies Act. Both fixed-term and periodic (month-to-month) tenancies are recognized.

• All residential tenancies must use the Standard Form of Lease (Form 45-0065E) prescribed by regulation under the Residential Tenancies Act (s. 5)
• A copy of the signed lease must be provided to the tenant within 15 days of signing (RTA, s. 5(2))
• Both fixed-term and month-to-month tenancies are recognized; a fixed-term lease may convert to a month-to-month tenancy at expiry if neither party gives notice
• Any provision in a lease that conflicts with the Act or its regulations is void (RTA, s. 3)

New Brunswick allows landlords to collect a security deposit, subject to a statutory maximum and specific rules on handling and return.

• A landlord may collect a security deposit of up to one month's rent (RTA, s. 12(1))
• The deposit must be held in trust by the Office of the Rentalsman or in a trust account approved by the Director (RTA, s. 12(4))
• Interest accrues on the deposit at the rate prescribed by regulation and is payable to the tenant (RTA, s. 12(7))
• The deposit may only be used for unpaid rent or damage beyond normal wear and tear (RTA, s. 12(6))

New Brunswick landlords must provide tenants with certain information at the outset of the tenancy to ensure transparency and compliance with the Act.

• The landlord must provide the tenant with a signed copy of the Standard Form of Lease within 15 days (RTA, s. 5(2))
• The landlord must disclose the name and address of the property owner or authorized agent (RTA, s. 5)
• Tenants must be informed of the condition of the unit at move-in; a condition report is recommended
• Information about the location and handling of the security deposit must be provided to the tenant

Rent in New Brunswick is due on the date specified in the lease. The province has introduced rent increase controls that limit how often and by how much rent may be raised.

• Rent is due on the date specified in the lease agreement (RTA, s. 22)
• Rent may only be increased once every 12 months with at least 6 months' written notice to the tenant
• New Brunswick has imposed a rent increase cap; the maximum allowable increase is set annually by regulation
• If a tenant fails to pay rent, the landlord may serve a Notice to Quit for nonpayment with the prescribed notice period

Landlords in New Brunswick are obligated to maintain rental premises in a good state of repair and in compliance with all applicable health and safety standards.

• The landlord must maintain the premises in a good state of repair, fit for habitation, and in compliance with health and safety standards (RTA, s. 3.1)
• The tenant must notify the landlord of needed repairs in a timely manner
• If the landlord fails to make necessary repairs, the tenant may apply to the Rentalsman for an order requiring the landlord to complete the repairs
• Emergency repairs affecting health or safety must be addressed promptly by the landlord

New Brunswick law protects a tenant's right to quiet enjoyment. Landlords must provide reasonable notice before entering a rental unit for non-emergency purposes.

• The landlord must give at least 24 hours' written notice before entering the premises for inspections or repairs (RTA, s. 14(2))
• Entry must occur at a reasonable time, typically between 8 a.m. and 8 p.m.
• Emergency entry is permitted without notice when there is an immediate threat to life or property (RTA, s. 14(1))
• The landlord may enter to show the unit to prospective tenants during the notice period, with reasonable advance notice

New Brunswick has implemented rent increase regulations to protect tenants from excessive increases. The allowable percentage is set annually by the provincial government.

• Rent may be increased only once in a 12-month period (RTA, s. 22.1)
• The landlord must provide at least 6 months' written notice before a rent increase takes effect
• The maximum allowable rent increase percentage is set annually by regulation under the Residential Tenancies Act
• A tenant who believes a rent increase is excessive may apply to the Rentalsman for a review

Notice requirements in New Brunswick depend on the type of tenancy and the reason for termination. All notices must be in writing.

• Month-to-month tenancy (tenant or landlord): at least one full rental period's notice, and in no case less than one month (RTA, s. 24(1))
• Fixed-term tenancy: notice must be given before the expiry of the term, or the tenancy may convert to a month-to-month arrangement
• Nonpayment of rent: the landlord may serve a 7-day Notice to Quit if rent is 7 or more days overdue
• Week-to-week tenancy: at least one full week's notice is required (RTA, s. 24(2))

Evictions in New Brunswick must follow the procedures set out in the Residential Tenancies Act. The Office of the Rentalsman handles disputes and may issue orders for eviction.

• The landlord must serve the tenant with a Notice to Quit specifying the grounds for termination
• If the tenant does not vacate, the landlord may apply to the Rentalsman for an order confirming the termination
• The Rentalsman or an adjudicator will hear both parties and may issue an eviction order
• Self-help evictions (changing locks, removing belongings, shutting off services) are prohibited under the Act

When a tenancy ends, the security deposit must be returned to the tenant or applied to outstanding obligations within the prescribed timeframe.

• The security deposit plus accrued interest must be returned within 7 days of the tenancy ending, unless the landlord claims deductions (RTA, s. 12)
• Deductions may only be made for unpaid rent or damage beyond normal wear and tear, with an itemized statement provided to the tenant
• If there is a dispute over deductions, either party may apply to the Rentalsman for a determination
• A move-in and move-out condition report is strongly recommended to support or defend against damage claims