Signing a lease agreement is a big step for tenants in New Brunswick. It sets the rules for your home and protects your rights, but many renters unintentionally make mistakes that could cost them money or even put their housing at risk. Knowing what to watch for can help you sign with confidence and avoid common pitfalls.
Understanding the Lease Agreement in New Brunswick
In New Brunswick, all residential tenancies are regulated by the Residential Tenancies Act.[1] Your lease, or 'rental agreement,' must comply with these rules whether it’s written or verbal. Always carefully review every clause before signing. The Office of the Rentalsman, operated by Service New Brunswick, is the provincial tribunal responsible for enforcing tenancy law. You can visit the Office of the Rentalsman for forms and guidance.
Top Lease Agreement Mistakes and How to Avoid Them
Many issues arise from misunderstanding—or missing—key details in your lease. Below are the most frequent tenant mistakes and how you can prevent them.
1. Not Reading or Understanding the Entire Lease
- Review every page for details on rent, services, and penalties.
- Ask your landlord or the Office of the Rentalsman to explain unclear terms.
- Ensure the lease matches all discussions and verbal agreements.
2. Overlooking Rental Deposits and Fees
- In New Brunswick, you cannot be charged more than one month's rent as a security deposit.
- Always get a receipt for any deposit paid.
- Clearly record what the deposit covers and how it will be returned.
For a full explanation, see Understanding Rental Deposits: What Tenants Need to Know.
3. Not Knowing Your Repair, Maintenance, and Entry Rights
- Landlords must keep the unit safe and in good repair under the Act.
- Get details in writing about who handles repairs and how to request them.
- Landlords generally need to give at least 24 hours' written notice before entering for repairs (except emergencies).
If you’re unsure about your rights or responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
4. Failing to Do an Initial Inspection
- Document the home's condition at move-in with photos and a checklist.
- Both landlord and tenant should sign an inspection report.
This step helps protect your deposit. For a walkthrough, consult our Guide to the Initial Rental Property Inspection for Tenants.
5. Not Getting Everything in Writing
- Verbal promises may be hard to enforce. Insist on written agreements for repairs, included utilities, or any other special terms.
- Keep your own signed copy of the lease and related correspondence.
6. Ignoring the Rules About Rent Increases and Lease Renewals
- Landlords must follow proper procedure for rent increases. Always receive written notice as outlined in the Act.
- Understand lease renewal options, and give notice if you do not wish to renew.
Your lease must accurately reflect these stipulations to avoid future misunderstandings.
Official Forms and How to Use Them
Several official forms may be required when starting a tenancy in New Brunswick:
- Form 1: Application for Rental of Residential Premises (Download Form 1)
Use this form to apply for a rental and start the official lease process. Example: After agreeing with your landlord, complete Form 1 together and submit it to the Office of the Rentalsman. - Form 2: Condition Report (Download Form 2)
Take this checklist during your move-in inspection. It’s essential for deposit protection. Fill it out, sign with the landlord, and keep a copy for both parties.
Where to Get Help with Forms
All official forms are found on the Service New Brunswick Rentalsman tenant page. If in doubt, contact their office for help before signing.
Always use the official forms from Service New Brunswick. They’re designed to protect both your rights and your deposit.
Summary: Protect Yourself as a Renter
By taking time to understand your lease and using the proper forms, you reduce your risk of disputes or costly mistakes. Remember, the Office of the Rentalsman is there to safeguard tenant rights—and you can learn more about Tenant Rights and Landlord Rights in New Brunswick.
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Frequently Asked Questions
- Do I need a written lease in New Brunswick?
No, but a written lease is strongly recommended. Written agreements clarify both parties' responsibilities and help prevent misunderstanding. - How much can the landlord ask for as a security deposit?
Landlords may only ask for up to one month's rent as a security deposit. They must provide a receipt and return it with interest according to the Residential Tenancies Act. - Can my landlord evict me for small mistakes in the lease?
Eviction is only permitted for specific reasons defined in the Act, not for simple mistakes or misunderstandings. Notice requirements must be followed. - What if my rental home isn’t properly maintained?
Landlords are legally required to maintain health and safety standards. Tenants should request repairs in writing and may contact the Office of the Rentalsman if issues persist. - What documents should I keep after signing the lease?
Keep your signed lease, deposit receipts, inspection forms, and any communication with your landlord for your records.
Need Help? Resources for Tenants
- Office of the Rentalsman (Service New Brunswick) – Call 1-888-762-8600 or visit their website for tenant and landlord support, official forms, and complaints.
- Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – Tenant information in plain language.
- Tenant Rights and Landlord Rights in New Brunswick – Essential facts for New Brunswick renters and landlords.
