Choosing between a fixed-term lease and a month-to-month agreement affects your rights, flexibility, and responsibilities as a renter in New Brunswick. This guide explains the practical differences for tenants, including how notice periods work, what happens with rent increases, and how repairs and habitability are handled. You’ll learn when a landlord can end or renew a tenancy, which official forms to use, and how to bring a dispute to the Residential Tenancies Tribunal if needed. The tone is practical and aimed at helping renters make informed decisions, document their tenancy properly, and take the correct steps if they need to end or change a lease in New Brunswick.
Fixed-term leases
Fixed-term leases set a clear start and end date (for example, one year). During the fixed term both tenant and landlord are generally bound to the agreement unless the lease contains a specific break clause or both parties agree to end it early. Fixed-term leases give tenants predictable rent and stability but can limit flexibility if you need to move before the end date.
- Predictable monthly rent and duration that helps with budgeting.
- Less flexibility to move before the term ends without agreement or penalties.
- Clear record of tenant and landlord responsibilities for the full term.
Month-to-month leases
Month-to-month agreements continue after the end of a fixed term if neither party signs a new fixed lease and the tenancy becomes periodic. These agreements offer flexibility: either party can usually end the tenancy with the required notice. However, the trade-off is less certainty about long-term rent and tenancy continuation.
- Greater flexibility to leave or negotiate changes with shorter notice requirements.
- Rent may be increased with appropriate notice under provincial rules.
- Fewer contractual protections if there is no written lease documenting terms.
Ending or changing your lease
Notice requirements differ depending on whether the tenancy is fixed-term or month-to-month and on the reason for ending. For example, to end a month-to-month tenancy tenants generally must give written notice at least one rental period in advance unless a different period is specified in legislation or the lease. When formal notice is required, use the official forms and serve them as directed; if a dispute arises you can bring your case to the Residential Tenancies Tribunal [1] or rely on the Residential Tenancies Act [2] to understand timelines and grounds. If you need to leave before a fixed term ends, review the lease for a break clause and consider negotiating with your landlord or finding a replacement tenant What to Do If You Need to Leave Your Rental Before the Lease Expires.
Rent increases, renewals and documentation
New Brunswick rules set how and when a landlord can increase rent; landlords must follow the Residential Tenancies Act and provide proper written notice for increases. If your fixed-term lease is ending and the landlord offers renewal, you can accept a new fixed-term lease, move to a month-to-month arrangement, or negotiate terms. Keep written records of offers and communications, and always ask for any changes in writing.
- Save written notices about rent increases and lease renewal offers.
- Document any agreed changes to the lease with dated signatures from both parties.
Repairs, habitability and entering the unit
Whether fixed-term or month-to-month, tenants are entitled to a safe, habitable dwelling. Report repairs promptly and in writing; if urgent repairs are needed, notify the landlord immediately and follow up in writing. If the landlord does not address serious issues, you can file an application with the Residential Tenancies Tribunal [1]. For move-in and move-out condition reports, take photos and keep copies.
- Report maintenance issues in writing and keep dated copies of requests.
- Use photos and a written condition report to document the unit at move-in and move-out.
Practical steps for tenants
If you are deciding whether to sign or switch lease types, consider stability needs, the likelihood of rent increases, and your plans to stay or move. Use official forms when giving notice, and consult the Residential Tenancies Act [2] or the tribunal for interpretation. If you plan to search for a new place, consider using an online listing tool to compare options and neighbourhoods; for example, Find rental homes across Canada on Houseme.
FAQ
- Can a landlord end a fixed-term lease early?
- A landlord can end a fixed-term lease early only for specific reasons set out in legislation or the lease, or with the tenant's written agreement; otherwise the landlord must follow the rules for termination and any applicable notice periods.
- How much notice is required for a rent increase?
- Landlords must give tenants the written notice required by the Residential Tenancies Act; the required notice period depends on the type of tenancy and the timing of the increase.
- Do I have to sign a new lease to stay after a fixed term ends?
- No. If you do not sign a new fixed-term lease most tenancies continue as month-to-month periodic tenancies under the same essential terms, unless the landlord provides a valid offer and the parties agree otherwise.
- What forms should I use to give notice?
- Use the official notice forms provided by the province for ending a tenancy or for filing a dispute; see the forms list below and serve them according to instructions.
How-To
- Review your lease and the Residential Tenancies Act to confirm notice periods and obligations.
- Prepare and serve the correct written notice using the official provincial form for your situation [3].
- Keep dated copies of all notices, photos, and repair requests as evidence.
- If the landlord does not comply, file an application with the Residential Tenancies Tribunal and bring your documentation.
