Signing a lease or rental agreement is a major step in any New Brunswick tenancy. Whether you’re moving into your first apartment or transitioning to a new rental home, understanding the details protects your rights and avoids costly mistakes. Here’s what every renter in New Brunswick should know about leases and agreements.
Understanding Your Lease: The Basics
In New Brunswick, the Residential Tenancies Act (RTA)[1] governs most rental agreements. This law sets out the rules for how leases are signed, what rights and responsibilities you have as a tenant, and the processes for resolving disputes.
1. Written vs. Verbal Agreements
While verbal rental agreements are legal, a written lease is always recommended. Written contracts make your rights, obligations, and the terms of your tenancy clear for both parties. Always keep a copy of everything you sign.
2. Minimum Information in a Lease
- Names and addresses of both tenant(s) and landlord
- Rental unit address
- Amount of rent, frequency of payments, and due date
- Start and end date if it’s a fixed-term lease
- Rules about smoking, pets, and parking (if applicable)
Details such as utilities, parking, and appliances should also be clear in the lease.
3. Security Deposits
Landlords can request a security deposit, but it can’t be more than one month’s rent and must be deposited with the Office of the Rentalsman. You’ll typically get it back if you fulfill all your obligations. To learn more, check out Understanding Rental Deposits: What Tenants Need to Know.
4. Fixed-Term vs. Month-to-Month Leases
Leases in New Brunswick are either month-to-month (periodic) or fixed-term (usually 12 months). Both types have different rules for ending or renewing the tenancy.
5. Rent Increases
Rent can only be increased if the landlord gives at least three months’ written notice using the official form. There is no rent cap in New Brunswick, but increases must follow the law, and tenants always have the right to dispute if they believe the increase is unfair.
6. Repairs and Maintenance
Landlords must keep the rental home in a good state of repair and comply with health, safety, and housing standards. If you encounter a serious repair issue, you can apply to the Rentalsman for help.
7. Entry by the Landlord
Your landlord usually needs to give at least 24 hours’ written notice before entering your unit, except in emergencies.
8. Moving Out and Giving Notice
Ending a lease requires proper notice. For month-to-month rentals, written notice must be given (by either party) at least one month before the tenancy ends. For fixed-terms, the lease usually ends automatically unless renewed, but written confirmation is still advised. For more moving out advice, read How to Properly End Your Rental Agreement as a Tenant.
9. Forms Tenants May Need
- Form 6 – Notice of Termination: Used to end a month-to-month or year-to-year tenancy.
Example: If you decide to move out at the end of June, give your landlord written notice using Form 6 - Notice of Termination at least one month before your move. - Form 3 – Application for Assistance: Used when you need help from the Rentalsman regarding security deposits, rent disputes, or repairs.
Example: If your landlord isn’t returning your deposit, submit Form 3 - Application for Assistance with details and supporting documents.
10. The Role of the Office of the Rentalsman
Disagreements or issues relating to your lease, deposits, or tenancy rules are handled by New Brunswick’s Office of the Rentalsman. This official body helps tenants and landlords resolve disputes, enforces tenancy law, and provides forms and guides.
For a deeper dive into local rules, check out the comprehensive Tenant Rights and Landlord Rights in New Brunswick.
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Frequently Asked Questions: Leases in New Brunswick
- Do I need a written lease to be protected as a tenant in New Brunswick?
Written leases are strongly recommended, but even an oral agreement is protected under the law. A written contract helps clarify terms and makes resolving disputes easier. - How much notice must I give to move out of my rental?
In most cases, tenants must give at least one month’s written notice via Form 6 before moving out of a month-to-month rental. - Can my landlord increase the rent at any time?
No. Landlords must give a written notice of at least three months before a rent increase can take effect. - What should I do if I have a problem with repairs or deposit returns?
First, notify your landlord in writing. If not resolved, you can apply to the Rentalsman using Form 3 – Application for Assistance. - Are security deposits mandatory?
Security deposits are allowed but can’t be more than one month’s rent. The landlord must deposit it with the Office of the Rentalsman and return it at the end of tenancy if conditions are met.
How-To: Key Steps for New Brunswick Tenants
- How do I end my lease properly?
Give written notice using Form 6, ensuring it meets the minimum notice periods. Include all required information and a handover date. - How can I dispute an issue with my landlord?
Document your concerns in writing and, if unresolved, submit Form 3 to the Office of the Rentalsman with all supporting evidence. - How do I make sure my security deposit is returned?
Request a final inspection, leave the unit in clean condition, return your keys, and keep all receipts for reference. If there’s a dispute, use Form 3 to claim your deposit back.
Following these steps gives you confidence and legal protection throughout your tenancy journey.
Key Takeaways
- Always have a written lease and understand its terms.
- Know your rights about deposits, rent increases, and ending a tenancy.
- Use official forms and seek help from the Rentalsman as needed.
Mastering these basics empowers you as a renter and helps avoid disputes or financial loss.
Need Help? Resources for Tenants
- Office of the Rentalsman (New Brunswick Department of Justice & Attorney General) – Information, forms, and dispute resolution
- Rental and Leasing Information (Government of New Brunswick)
- Local Tenant Advocacy and Legal Aid services—find local offices for guidance on legal rights and housing support.
