New Brunswick Lease Agreement Guide 2026: RTA, Tribunal-Held Deposits, Notice Rules
New Brunswick has one of the most unusual deposit systems in Canada: security deposits are held by the Residential Tenancies Tribunal, not the landlord. The province has no formal rent cap, no mandatory lease form, and a tribunal-based dispute system. This guide covers what every NB lease needs and the rules unique to this province.
Sourced from the Residential Tenancies Act, S.N.B. 1975, c. R-10.2 and the Service New Brunswick Residential Tenancies Tribunal.
Key New Brunswick rules
Security deposit — held centrally
New Brunswick is unique: security deposits are remitted to the Residential Tenancies Tribunal, not held by the landlord. The deposit:
- Maximum one month's rent (one week's rent for weekly tenancies)
- Must be paid to the Tribunal within 15 days of collection
- Earns interest at the rate set by regulation
- Returned to the tenant on application at the end of the tenancy, less any amounts the landlord can show were owed for damage or unpaid rent (Tribunal adjudicates)
Rent — no cap
New Brunswick doesn't cap rent increases. Notice rules:
- 6 months' written notice for monthly tenancies
- 3 months for shorter periodic tenancies
- Once per 12 months
- Tenants can apply to the Tribunal to review an "unreasonable" increase
Term and ending
Fixed-term leases end on the date specified. Month-to-month tenancies require one calendar month's notice from the tenant; landlords must use the prescribed Tribunal form for grounds the Act permits.
Entry
Reasonable advance written notice for inspections, repairs, or showings. Emergency entry allowed.
Unenforceable clauses
See the New Brunswick unenforceable clauses page. Common ones:
- "Security deposit equals two months' rent" — capped at one month.
- "Landlord will hold the security deposit" — must be remitted to the Tribunal.
- "Tenant pays all repairs" — landlord's repair duty (s. 3) is non-waivable.
- "No pets ever" — service animals are protected under the Human Rights Act.
The Residential Tenancies Tribunal
New Brunswick's Tribunal not only adjudicates disputes but also holds deposits centrally. The process is administrative — file a Form 6 application, get a hearing within 30–60 days, receive a written order.
Electronic signatures
Valid under New Brunswick's Electronic Transactions Act.
NestBord's New Brunswick lease generator handles the deposit-remittance disclosure and notice rules automatically.
Frequently asked questions
How much can I charge as a deposit?
One month's rent maximum. Must be remitted to the Tribunal within 15 days.
Why does the Tribunal hold the deposit?
It centralizes the dispute mechanism and ensures the deposit isn't spent during the tenancy. Unique to NB.
Is there rent control?
No, but tenants can apply to the Tribunal to review an unreasonable increase.
How much notice for a rent increase?
6 months for monthly tenancies; once per 12 months.
How does deposit return work?
At the end of the tenancy, either party applies to the Tribunal. The Tribunal assesses any damage/owed rent claims by the landlord and orders the appropriate split. Tenant receives the deposit plus accrued interest.
Can I refuse pets?
Generally yes. Service animals must be allowed under the Human Rights Act.
Can I evict for non-payment of rent?
Yes. Serve the prescribed notice and apply to the Tribunal.
What if my tenant moves out without notice?
Apply to the Tribunal for compensation for the unpaid notice period. You may also claim from the deposit.
Disclaimer
General information, not legal advice. Consult a NB paralegal or the Tribunal for specific situations. References accurate as of 2026.
Build your New Brunswick lease in 5 minutes
NestBord's lease generator builds in every clause this guide describes and flags the ones that don't hold up. Free for your first lease.