Notice to Terminate Tenancy in New Brunswick: Tenant Guide

Moving out of a rental in New Brunswick? The right paperwork matters. If you're a tenant planning to end your tenancy, it's essential to follow the proper legal process. In New Brunswick, this process involves using a specific form: the Notice to Terminate Tenancy (Tenant) Form. This guide explains what the form is, when to use it, how to fill it out, and your rights as a tenant—so you can end your rental agreement smoothly and legally.

What Is the Notice to Terminate Tenancy (Tenant) Form in New Brunswick?

In New Brunswick, tenants are required to give written notice to their landlord when they wish to move out. The official form for this purpose is the Notice to Terminate Tenancy (Tenant), designated as Form 3^[1]. This form is issued and overseen by the Residential Tenancies Tribunal of New Brunswick.

When Should a Tenant Use This Form?

This form should be used when:

• You are ending a month-to-month or week-to-week tenancy
• You have a fixed-term lease ending soon and do not wish to renew
• You are allowed to break your lease early under exceptional circumstances (e.g., family violence, significant breach by landlord)

The law requires tenants to give at least one month’s written notice before ending a month-to-month tenancy. Week-to-week rentals require at least one week’s notice. For fixed-term leases, the notice must align with the lease’s end date.

How to Properly Complete and Deliver Form 3

Step-by-step process for tenants:

• Download the form: Access the official Notice to Terminate Tenancy (Tenant) (Form 3)
• Fill out all required information: Complete the tenant(s) and landlord details, rental address, date of termination, and your signature
• Deliver the notice: You must personally serve the notice or send it by registered mail/courier. Keep proof of delivery for your records

Failing to provide proper notice may result in extra rent charges or loss of your deposit, so always follow the rules carefully.

Your Rights and Responsibilities as a Tenant

Giving notice is more than just a courtesy—it's a legal obligation under the Residential Tenancies Act of New Brunswick^[2]. Observe these key points:

• You cannot be penalized for exercising your right to give notice as long as proper procedures are followed
• Your landlord cannot evict you in retaliation for serving legal notice
• After you move out, promptly request your deposit if applicable. For more on returning deposits, read How to Get Your Security Deposit Back with Interest When Moving Out

To avoid unexpected expenses or disputes, make sure your unit is left clean and undamaged. For advice, see The Final Inspection: What Tenants Need to Know Before Moving Out.

Want to learn more about local tenant protections?

See Tenant Rights and Landlord Rights in New Brunswick for an overview of housing laws and tenant rights.

What Happens After Giving Notice?

Once you've delivered the Notice to Terminate Tenancy (Tenant) Form to your landlord, you are obligated to move out by the end of the notice period. Your tenancy officially ends on the termination date you provided.

• Arrange for any necessary repairs and cleaning before your move-out date
• Return all keys to the landlord or property manager
• Attend an inspection if required by your landlord

Once these steps are complete, you can settle your final responsibilities and move forward.

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1. How much notice does a tenant need to give in New Brunswick?
   A tenant must give at least one month’s written notice for a month-to-month tenancy, or at least one week for week-to-week agreements.
2. Can I end a fixed-term lease early?
   You may end a fixed-term lease early in specific situations, such as a serious landlord breach or family violence. Otherwise, you may be liable for the remaining rent unless you and your landlord agree otherwise.
3. Is there a penalty for not using the proper form?
   If you do not use the Notice to Terminate Tenancy (Tenant) Form or give proper notice, your landlord can require you to pay additional rent or withhold your deposit.
4. What if my landlord won’t accept my notice?
   If you have provided proper notice using the correct form and proof of delivery, your landlord must comply. Contact the Residential Tenancies Tribunal if issues arise.
5. What happens to my security deposit after moving out?
   Your landlord must return your security deposit (minus any approved deductions) after you move out, provided you leave the rental in good condition.

Summary: Key Takeaways for Tenants

• Always give written notice using the official form and required notice period
• Keep records of your notice and any delivery receipts
• Follow move-out best practices to secure return of your deposit and avoid disputes

Planning ahead and understanding your rights helps ensure a positive, stress-free transition out of your rental.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick): For questions, disputes, or submitting forms.
• Notice to Terminate Tenancy (Tenant) Form 3: Download and instructions.
• Residential Tenancies Act of New Brunswick: Full provincial legislation.
• Local tenant advocacy: Contact New Brunswick Tenants Association or local legal aid office for support.

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1. Notice to Terminate Tenancy (Tenant) (Form 3) – Government of New Brunswick
2. Residential Tenancies Act of New Brunswick
3. Residential Tenancies Tribunal of New Brunswick

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