Short-term rentals like Airbnb raise specific questions for renters in New Brunswick about privacy, lease terms, and eviction risk. This guide explains what tenants should watch for when a landlord lists a unit for short stays, including how leases, subletting clauses, and municipal short-term rental rules can affect your housing stability. You’ll learn how to document concerns, when to raise issues with your landlord, and which provincial forms and tribunal contacts to use if you need to dispute a decision. Practical steps cover notices, evidence to collect, and timelines so tenants can act quickly and protect their rights while staying informed about responsibilities and safety in shared or rented homes.
What short-term rentals mean for tenants in New Brunswick
When a landlord advertises a unit for short-term stays, tenants should first check their written lease for clauses about subletting, guests and short-term rentals. Some leases explicitly prohibit short-term listings; others are silent. If your lease forbids subletting or short-term rentals, the landlord generally must follow the tenancy rules when enforcing that clause. If the lease is silent, discuss the situation with the landlord and document all communications.
Practical first steps
- Take dated photos and screenshots of the Airbnb listing, calendar, and any messages as evidence.
- Check your lease for subletting, short-term rental, or notice clauses before contacting your landlord.
- Contact the landlord informally first and request clarification in writing so you have a record.
- If you receive any written notice from the landlord, note deadlines and respond within the stated timeframes.
If the landlord asks you to move out because the unit will be used for short-term rentals, you may receive a notice. In New Brunswick, the Residential Tenancies Act governs notices and terminations; review the Act and the tribunal process carefully before acting.[1] If you need to apply to the tribunal, follow the official application form and timeline closely.[3]
Tenant rights, repairs and safety
Short-term listings do not remove a landlord’s responsibility to maintain the unit. Tenants still have the right to a safe, habitable home — heat, hot water, locks and basic repairs are required. If short-term use creates safety or maintenance issues, document the problem and request repairs in writing.
For habitability and related concerns see Health and Safety Issues Every Tenant Should Know When Renting for practical tips on documenting and raising problems with your landlord.
Official steps, forms and when to go to the tribunal
Key official steps include identifying the correct notice or application form, filing on time, and keeping copies of everything you submit. Common forms and their use:
- Residential Tenancies Act reference — read the Act to understand notice grounds and tenant protections; use it to check timelines and legal definitions before filing.[1]
- Application to the Residential Tenancies Tribunal — used when you dispute a notice or seek an order from the tribunal; file this application with clear evidence like screenshots and a timeline of events.[3]
- Residential Tenancies Tribunal contact page — use this to find filing instructions, fees and hearing information if you need to request a hearing or get help with forms.[2]
Example: if a landlord serves a notice claiming they need the unit to run a short-term rental and asks you to vacate, you can file an application with the tribunal to contest whether the notice meets the legal grounds and timelines. Gather evidence showing you were not given proper notice, that the listing existed, and that safety or lease terms were violated.
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FAQ
- Can my landlord list my rented unit on Airbnb while I have a lease?
- Generally no, unless your lease allows subletting or short-term rentals. If the lease forbids it, the landlord must follow legal termination processes to change occupancy, and you can challenge improper notices with the tribunal.[1]
- What evidence should I collect if I suspect short-term rental activity?
- Collect dated screenshots of the listing, booking calendars, messages, receipts, and any communication with the landlord; keep copies of your lease and any notices received.
- Which official body handles tenancy disputes in New Brunswick?
- Residential tenancy disputes are handled by the provincial Residential Tenancies Tribunal; find filing instructions and contact details on the tribunal page.[2]
How-To
- Document the listing and communications with dated screenshots, photos and saved messages.
- Review your lease for clauses on subletting and short-term rentals and note any conflicting language.
- Contact your landlord in writing to request clarification and keep a copy of the message.
- If you receive a notice you disagree with, prepare an application and file with the Residential Tenancies Tribunal before the deadline.
- Bring all evidence to the hearing and, if possible, get witness statements or receipts that support your claim.
Help and Support / Resources
- Residential Tenancies Act (legislation and guidance)
- Residential Tenancies Tribunal (filing instructions and contacts)
- Official tenancy forms and application guides
