Can a Tenancy Exist Without a Signed Lease in New Brunswick?

If you’re renting in New Brunswick and never signed a written lease, you might wonder about your rights, responsibilities, and the legal status of your tenancy. Many tenants find themselves in this situation—sometimes by accident, sometimes by choice. Understanding what the law says can help you protect your tenancy and avoid disputes.

Are Verbal Agreements Legal for Renting in New Brunswick?

In New Brunswick, a lease can be oral (verbal), written, or even implied by the fact that you pay rent and have permission to live in the unit. You do not need a written lease for your tenancy to be recognized under the law. Both tenants and landlords are protected by the Residential Tenancies Act of New Brunswick^[1].

What Happens Without a Signed Lease?

If you move in, pay rent, and the landlord accepts your payment, you have what’s known as a “periodic tenancy.” The most common is a month-to-month agreement. Legally, you are entitled to most of the same rights and obligations as someone with a written lease.

• Both tenant and landlord duties apply as outlined in the law
• You are protected from sudden eviction—proper notice is required
• Rent increases must follow provincial rules
• Ending the tenancy requires notice from either party (see below)

If you’re unsure about your province’s general rules, see Tenant Rights and Landlord Rights in New Brunswick for a handy overview.

What Are Your Rights and Responsibilities Without a Lease?

Even without a written lease, tenants:

• Have the right to a safe, habitable unit that meets health standards
• Must pay rent on time
• Have the right to privacy and notice before landlord entry (24 hours, except emergencies)
• Should maintain reasonable cleanliness and avoid damaging the unit

Landlords must still follow the law regarding notice for eviction or rent increases. For a full breakdown, read Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Rental Deposits for Verbal Tenancies

Landlords may legally request a security deposit at the start of any tenancy—even without a signed lease. Make sure you receive and keep a receipt. For details on deposit rules and how to get it back, see Understanding Rental Deposits: What Tenants Need to Know.

How Do Month-to-Month Tenancies Work?

If you didn't sign a lease, your rental is most often considered a "month-to-month" (periodic) tenancy. These agreements automatically renew each month unless proper notice is given.

• Notice to End Tenancy: Tenants must give at least one month's written notice before the end of a rental period if they want to move out.
• Landlord Notice: Landlords must also provide proper notice to end the tenancy, except in cases where immediate action is allowed by law (e.g., non-payment of rent).

What Official Forms Should You Use?

• Notice of Termination by Tenant (Form 4): Use this form when you want to end your lease (even if there is no written agreement). Download from the official government website.
  Example: If you're renting month-to-month and want to move in August, deliver the form to your landlord on or before July 31, for an end-of-August move-out.
• Application for Assistance (Form 12): Use if you need help resolving disputes, such as issues with repairs or deposit refunds. Find it here (PDF).

These forms are processed by the Residential Tenancies Tribunal of New Brunswick, the official body for residential tenancy matters.

Legislation and Where to Get Help

All tenants—whether or not they have a written lease—are covered under the Residential Tenancies Act ^[1]. This legislation outlines protections around evictions, rent increases, deposits, and landlord-entry. The Residential Tenancies Tribunal addresses complaints and provides forms and guidance for both tenants and landlords.

Common Pitfalls for Tenants Without Written Leases

• Difficulty Proving Terms: Without a written document, it can be harder to prove what was agreed (such as what’s included in rent)
• Misunderstandings about notice periods or deposit amounts
• Unclear maintenance expectations
• Disputes over "what was promised"

To avoid confusion, keep records of rent payments and all communications with your landlord.

If you are looking for a new or more secure rental, Explore Houseme for nationwide rental listings and compare your options in all major Canadian cities.

Frequently Asked Questions

1. Can I be evicted if I don’t have a written lease?
   Yes, but your landlord must follow the legal eviction process outlined in the Residential Tenancies Act. They cannot evict you without valid notice.
2. Is my security deposit protected if there is no signed agreement?
   Yes. Whether your lease is written, verbal, or implied, your security deposit is covered by the same laws and must be handled according to the Act.
3. How do I end a month-to-month tenancy without a written lease?
   Give your landlord written notice at least one month in advance, using the official Form 4 from Service New Brunswick.
4. Can a landlord increase my rent if we never signed a lease?
   Yes, but only after giving the proper written notice as set out by law. You have the right to challenge excessive increases with the Tribunal.
5. Where can I get help if my landlord and I disagree about the tenancy?
   Contact the Residential Tenancies Tribunal for guidance and complaint forms.

Key Takeaways for Tenants in New Brunswick Without a Written Lease

• Your tenancy is legal even without a signed lease. You have important legal rights and obligations.
• Keep written records of any payments or agreements with your landlord.
• If issues arise, use official forms and contact the Residential Tenancies Tribunal for support.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Complaints, forms, and information
• Notice of Termination by Tenant (Form 4) PDF
• Residential Tenancies Act – Full text of relevant legislation
• Find advocacy and information through community legal clinics or local tenant support organizations

---

1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy