This guide is for informational purposes only. Consult a lawyer for advice specific to your situation.

2026 New Brunswick Landlord Rights Guide

1) Overview

New Brunswick landlord law is procedural. Most landlord losses are not because the landlord had no legal ground—they happen because the landlord used the wrong notice structure, missed a filing window, or handled deposits/entry incorrectly. The controlling law is the Residential Tenancies Act (R-10.2), with additional mechanics in Regulation 82-218 and Service New Brunswick Residential Tenancies Tribunal process materials. (Sources: Residential Tenancies Act (R-10.2), Regulation 82-218 PDF, Residential Tenancies Tribunal resources)

There are several New Brunswick-specific features landlords need to build into their operating process:

• deposit handling is not a private landlord holdback system; deposits must be delivered to a residential tenancies officer within statutory timelines,
• rent increases require six months’ notice and are also constrained by a statutory 3% cap framework effective Feb 1, 2025,
• entry rules are detailed and vary by purpose (repairs vs inspections/showings),
• eviction for non-payment follows strict notice and officer/sheriff enforcement steps.

(Sources: Residential Tenancies Act (R-10.2), Regulation 82-218 PDF, GNB rent increase topic page, Entry into premises bulletin, Failure to pay rent bulletin, Eviction request steps bulletin)

The practical approach is to run each tenancy like a compliance file: signed lease package, deposit record, rent ledger, notice log, service evidence, and repair/entry records. That is what lets you prove your case when a dispute reaches an officer. (Sources: Residential Tenancies Act (R-10.2), Landlording 101 Guide)

2) Security deposits

Deposit maximums

New Brunswick sets deposit maximums by tenancy type:

• Week-to-week tenancy: deposit must not exceed one week’s rent (R-10.2, s.8(3)(a)).
• Other tenancies: deposit must not exceed one month’s rent (R-10.2, s.8(3)(b)).
• Mobile home site tenancy: deposit can exceed one month but cannot exceed three months’ rent (R-10.2, s.25.3).

(Source: Residential Tenancies Act PDF (s.8, s.25.3))

Deposit remittance is mandatory

If the tenant pays the deposit to the landlord or agent, the landlord must deliver it to a residential tenancies officer within 15 days of receipt (R-10.2, s.8(7.1)). This includes situations where the standard lease paperwork was not handled correctly; the remittance obligation still applies (R-10.2, s.8.01(2)). (Source: Residential Tenancies Act PDF (s.8(7.1), s.8.01(2)))

What landlords can claim against

Security deposit claims generally relate to unpaid rent, tenant-caused damage, and other eligible losses through the official process. Landlords should use the SNB deposit guidance and claim process documents and avoid informal deductions outside the Tribunal lane. (Sources: Security Deposit — Landlord bulletin, Security Deposit — Tenant bulletin)

Key deadlines after tenancy termination

For terminations by notice to quit or notice to vacate for non-payment, claim timing is strict:

• week-to-week: claim within 7 days after the end of the week in which tenancy ends,
• all other tenancies: claim within 7 days after the end of the month in which tenancy ends.

The Act also sets return timing in specific scenarios (including returns within 7 days after written request in applicable cases). (Source: Residential Tenancies Act (R-10.2))

Security deposit operating checklist

1. Confirm legal deposit cap before signing.
2. Issue receipt and record date funds were received.
3. Remit deposit to officer within 15 days.
4. At termination, calendar all claim/return deadlines immediately.
5. If claiming, file complete evidence package (ledger, photos, invoices, notices).

(Sources: Residential Tenancies Act (R-10.2), Security Deposit — Landlord bulletin, Security Deposit — Tenant bulletin)

3) Rent increases

Six-month notice rule

A landlord cannot increase rent unless the tenant receives six months’ notice. This comes from Regulation 82-218, s.11.1, and is incorporated by R-10.2, s.11.1(2)(a). (Sources: Regulation 82-218 PDF (s.11.1), Residential Tenancies Act PDF (s.11.1))

Frequency limits (12-month structure)

Unless landlord and tenant agree otherwise in writing, rent cannot be increased:

• during the first consecutive 12 months of the tenancy agreement, and
• more than once in any other consecutive 12-month period.

(Source: Residential Tenancies Act (R-10.2))

3% cap framework for 2026

For increases effective on or after Feb 1, 2025, the Act states rent cannot be increased by more than 3% unless an exception is approved. If notice is served above that amount, the notice is deemed to be 3% under the statute’s deeming rule. (Source: Residential Tenancies Act (R-10.2))

Exception path above 3%

Landlords can apply for an exception to exceed the baseline cap. The regulation sets an upper limit framework for approved increases. If you are planning a cap-exception file, build it as a formal officer application, not a lease-side amendment shortcut. (Sources: Residential Tenancies Act (R-10.2), Regulation 82-218 PDF)

Notice document requirements

Rent increase notices must follow statutory content requirements (written, separate document, key rent/effective-date details, signed and dated). Notices that miss required structure are vulnerable to review challenges. (Source: Residential Tenancies Act (R-10.2))

Tenant option to treat rent increase notice as termination notice

Under R-10.2, s.11.1(3), a tenant can elect to treat the rent increase notice as a termination notice by serving notice before the increase takes effect. Required tenant notice timelines are:

• 1 month for month-to-month and year-to-year tenancies,
• 1 week for week-to-week tenancies.

This affects vacancy forecasting after any increase notice: budget for turnover risk, not only acceptance risk. (Source: Residential Tenancies Act PDF (s.11.1(3)))

Tenant review windows landlords should calendar

Tenant review rights include:

• application for review of increase notice within 60 days after receipt (R-10.2, s.11.1(2.02)),
• retaliation-protection mechanics where notice is served within 6 months after a complaint and tenant notifies within 15 days (R-10.2, s.11.2(1)).

Landlords should keep evidence showing increase rationale and non-retaliatory basis. (Source: Residential Tenancies Act PDF (s.11.1, s.11.2))

Rent increase checklist

• Verify last lawful increase date.
• Confirm tenancy is outside first-12-month restriction (unless written agreement exception applies).
• Confirm proposed amount complies with current cap or approved exception path.
• Prepare compliant written notice (separate document).
• Serve with at least six months lead time.
• Save signed copy and service proof in tenancy file.

(Sources: Residential Tenancies Act (R-10.2), Regulation 82-218 PDF, GNB rent increase topic page)

4) Entry and access

No-notice entry lanes

No-notice entry is allowed in narrow situations, including emergency/abandonment and tenant consent at the time of entry. Tenant-requested repairs also have a special no-notice lane when completed within the statutory window after written request. (Source: Residential Tenancies Act (R-10.2))

Notice periods by purpose

For non-emergency entries, notice timing depends on why you are entering:

• normal repairs/redecoration: at least 7 days’ notice,
• inspection or showing to prospective purchasers/mortgagees: at least 24 hours’ notice,
• some repair contexts outside the no-notice window: at least 24 hours’ notice.

(Source: Residential Tenancies Act (R-10.2))

Last rental period showings (prospective tenants)

During the last rental period, landlord entry to show the premises to prospective tenants can proceed without notice when the tenancy agreement includes that right, subject to statutory conditions (R-10.2, s.16(5)). (Source: Residential Tenancies Act PDF (s.16(5)))

Time and day restrictions

Except emergency/abandonment lanes, entry must generally be:

• not on Sunday or a holiday,
• between 8:00 a.m. and 8:00 p.m.

(Source: Residential Tenancies Act PDF (s.16(6)))

Operational entry protocol

1. Classify entry purpose (repair, inspection, showing, emergency).
2. Apply correct notice period and delivery method.
3. Schedule within legal entry window.
4. Keep copy of notice plus proof of service.
5. Log entry details and outcome.

(Sources: Residential Tenancies Act (R-10.2), Entry into premises bulletin)

5) Maintenance and repairs

Landlord obligations

Landlord baseline duties include providing and maintaining premises in a good state of repair and fit for habitation, maintaining landlord-supplied chattels, and meeting applicable health/safety/building standards. (Source: Residential Tenancies Act (R-10.2))

Tenant obligations

Tenant duties include ordinary cleanliness and repairing damage caused by the tenant or guests where wilful or negligent damage occurred. (Source: Residential Tenancies Act (R-10.2))

Repairs process discipline

When repair disputes arise, the strongest landlord files are the ones with:

• written request records,
• inspection notes,
• entry notices,
• contractor invoices,
• completion dates,
• communication history.

SNB’s maintenance bulletins are useful for practical responsibilities mapping and documentation practice. (Sources: Repairs and maintenance bulletin, Respective responsibilities bulletin)

Repair workflow checklist

• Acknowledge written repair request promptly.
• Triage urgent vs non-urgent issues.
• Serve proper entry notice unless no-notice lane applies.
• Document work completion with dated records.
• Close file with tenant-facing completion summary.

(Sources: Residential Tenancies Act (R-10.2), Repairs and maintenance bulletin)

6) Lease agreements

Standard lease requirement

The New Brunswick standard lease framework is mandatory. The Act requires duplicate originals for signature and limits alterations/deletions unless they fit lawful additions. If parties fail to sign the required standard form in relevant tenancies, statutory deeming provisions still pull them into the Act/standard form framework. (Source: Residential Tenancies Act (R-10.2))

Official lease form resource

Use the official Form 6 lease resource rather than private templates as your base document. (Source: Standard Form of Lease (Form 6) PDF resource)

Landlord lease-file checklist

• Signed standard lease copy for each party.
• Clear rent amount, due date, and services included.
• Deposit record and remittance evidence.
• Condition/move-in documentation.
• Notice-delivery contact details.

(Sources: Residential Tenancies Act (R-10.2), Form 6 resource PDF, Landlording 101 Guide)

7) Eviction process

Non-payment lane: first legal step

If rent is unpaid, landlord may serve a notice to vacate under the Act’s non-payment provisions (R-10.2, s.19(1)). The termination date in the notice must be at least 15 days after service (R-10.2, s.19(1.01)). (Source: Residential Tenancies Act PDF (s.19))

Tenant cure window

For eligible notices, tenant can generally cancel the non-payment notice by paying all rent due within 7 days after service. Landlords should understand the repeat-notice exception mechanics and required statutory warning language before relying on non-cure assumptions. (Source: Residential Tenancies Act (R-10.2))

After notice period: officer application

If tenant does not vacate, landlord applies in writing to a residential tenancies officer for eviction order, attaching required notice documentation. Do not attempt physical self-removal. (Sources: Residential Tenancies Act (R-10.2), Eviction request steps bulletin)

Enforcement

Eviction order enforcement is through the sheriff process that restores possession to the landlord. (Source: Residential Tenancies Act (R-10.2))

General termination notice periods (not non-payment)

For periodic tenancies, R-10.2, s.24(1) sets baseline minimum notice periods:

• year-to-year: 3 months,
• month-to-month: 1 month,
• week-to-week: 1 week.

These are baseline timing rules for general termination lanes and should be calendared separately from non-payment timelines under s.19. (Source: Residential Tenancies Act PDF (s.24(1)))

Other termination lanes (non-payment is not the only lane)

Termination outside non-payment has reason-limited statutory pathways (for example, own/family occupation, non-residential conversion/use lanes, employment-related tenancies, and approved renovation-related pathways). These lanes have strict reason and review mechanics. (Source: Residential Tenancies Act PDF (s.24.12, s.24.13))

Eviction-case checklist

1. Confirm legal ground and correct notice lane.
2. Serve notice with compliant dates and wording.
3. Keep service proof and rent ledger updated daily.
4. Track cure window and response events.
5. File officer application promptly with complete package.
6. Use sheriff enforcement only if order is granted.

(Sources: Residential Tenancies Act (R-10.2), Failure to pay rent bulletin, Eviction request steps bulletin)

8) Common mistakes landlords make

1. Charging a deposit above legal cap for tenancy type. (Source: Residential Tenancies Act (R-10.2))
2. Keeping deposit funds instead of remitting to a residential tenancies officer within 15 days. (Source: Residential Tenancies Act (R-10.2))
3. Missing claim deadlines after tenancy termination. (Source: Residential Tenancies Act (R-10.2))
4. Serving rent increase with less than six months’ notice. (Source: Regulation 82-218 PDF)
5. Raising rent more than once in 12 months or inside first 12 months without permitted written arrangement. (Source: Residential Tenancies Act (R-10.2))
6. Issuing rent increase notices that are not in required separate written format. (Source: Residential Tenancies Act (R-10.2))
7. Exceeding the 3% cap without exception approval process. (Source: Residential Tenancies Act (R-10.2))
8. Entering without correct notice period for the purpose of entry. (Source: Residential Tenancies Act (R-10.2))
9. Entering outside permitted time/day restrictions (non-emergency). (Source: Residential Tenancies Act (R-10.2))
10. Using self-help eviction tactics instead of officer + sheriff process. (Sources: Residential Tenancies Act (R-10.2), Offences bulletin)
11. Failing to state lawful reason in reason-based termination lanes. (Source: Residential Tenancies Act (R-10.2))
12. Using private lease templates that conflict with mandatory standard lease framework. (Sources: Residential Tenancies Act (R-10.2), Form 6 resource PDF)

9) Resources

• Residential Tenancies Act (R-10.2) — Act page
• Residential Tenancies Act (R-10.2) — official PDF
• General Regulation 82-218 PDF
• Standard Form of Lease (Form 6) PDF resource
• GNB rent increase topic page
• Security Deposit — Landlord bulletin
• Security Deposit — Tenant bulletin
• Entry into premises bulletin
• Repairs and maintenance bulletin
• Respective responsibilities bulletin
• Failure to pay rent bulletin
• Eviction request steps bulletin
• Offences under the Act bulletin
• Landlording 101 Guide