Government of New Brunswick
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A Residential Lease Agreement  is a written agreement between the landlord and the tenant. In New Brunswick, both the landlord and the tenant must sign two copies of the Residential Lease and each keep one of the signed originals. The Residential Tenancies Tribunal does not require a copy.

While the law doesn’t require a lease, the Residential Tenancies Tribunal strongly recommends it. Whether or not one is signed, Residential Tenancies Act still applies.

Additional rules and obligations must be included on the lease before it is signed. Additional rules and obligations can’t change any rights or duties as described in the lease or the Residential Tenancies Act of New Brunswick.

If a landlord sells the building, the same lease will apply to the new landlord. The former landlord must complete and give a signed Form 8 Notice of Transfer to the tenant, and a copy to the Residential Tenancies Tribunal within seven days of transferring ownership of the building.

 

Leases end at midnight.  For example, if the lease ends on May 31st, the tenant must move out by midnight on May 31st.

Leases can end in different ways:

A fixed term lease automatically ends at the end of the agreed period of time.

Week-to-week, month-to-month and year-to-year leases can be ended by either the landlord or the tenant by giving proper notice:

  • Week-to-week - One week before desire to end the lease
  • Month-to-month -  One month before desire to end the lease
  • Year-to-year - Three months before the anniversary of the lease

There are special rules for long term tenancies and mobile home site tenancies.
 

To  change any of the rules or obligations of a long term tenancy the landlord must give the tenant three months’ written Notice of Alteration.

The landlord can end the lease by giving the long-term tenant three months' written notice. They must also give the reason in the notice. The only acceptable reasons are:

  • if the landlord or their immediate family wants to live in the rental
  • if the rental will be used for something other than residential premises
  • if the rental will be renovated significantly
  • if the tenant is working for the landlord maintaining or managing the rental, and the job ends

The tenant can dispute a Notice of Alteration or a Notice of Termination within 15 days  of receipt of the Notice by applying to the Residential Tenancies Tribunal for a review.

A long-term tenant can end a lease at any time by giving the landlord one month’s written notice.
 

Boarding houses are the same as a rooming house with the exception that some or all meals are provided by the landlord under the tenancy agreement.
 

Landlords can enter the rented premises to show it to a prospective tenant without giving notice, but only during the last rental period and if indicated in Section 2, E – Additions of the Residential Lease.
 


Assignment is when the tenant gives the lease to someone else who becomes the new tenant. In the lease, there are three options for assignment. One will be agreed on before signing the lease:

  • The tenant may assign all of the tenant's rights under this lease for the remaining term of the lease or for a portion of the remaining term of the lease.
  • The tenant may only assign all of the tenant's rights under this lease for the remaining term of the lease or for a portion of the remaining term of the lease with the consent of the landlord.
  • The tenant may not assign any of the tenant's rights under this lease. (Not a valid option for mobile home site.)

Subletting is when a tenant rents to somebody else for part of the tenancy period. The tenant is responsible for:

  • Any damages and cleaning requirements caused by the subletter
  • Any rent owed by the subletter

The landlord may be able to use the tenant's security deposit to pay for any damages, cleaning or rent owed by the subletter. The landlord must send the tenant a copy of any notice given to the subletter.

If a lease says that the landlord must give their permission to assign the lease, then the tenant should give the landlord Form 7 Consent to Assign. The landlord has seven days to respond, and cannot refuse without a good reason.

In the case of Mobile home sites the landlord must allow the tenant to sublet or assign the lease, but the lease may allow the landlord to give their agreement.

The landlord may charge up to $20 to cover expenses where the lease requires the landlord's agreement to assign.
 

A mobile home site tenancy is one where a tenant rents a site within a mobile home park.

To  change any of the rules or obligations of a long term tenancy the landlord must give the tenant three months’ written Notice of Alteration.

The landlord can end the lease by giving the tenant six months' written notice. They must also give the reason in the notice. The only acceptable reasons are:

  • if the landlord or their immediate family want to live on the rental premise
  • if the site will be used for something other than as a mobile home site
  • if the site will be renovated significantly.

The tenant can dispute a Notice of Alteration or a Notice of Termination within 15 days  of receipt of the Notice by applying to the Residential Tenancies Tribunal for a review.

A mobile home site tenant can end a lease at any time by giving the landlord two months' written notice.

The landlord must allow the tenant to sublet or assign the lease, but the lease may allow the landlord to give their agreement