How to Break a Lease to Move in With Family in New Brunswick

Moving in with family is a major life change that sometimes means ending your rental lease early. In New Brunswick, tenants have to follow specific laws and procedures if they want to break their lease agreement for personal reasons. This article explains your rights, obligations, mandatory forms, and official steps for leaving a rental early to move in with family, so you can protect your interests and avoid unexpected costs or disputes.

When Can You Break a Lease in New Brunswick?

In New Brunswick, your ability to end a rental agreement early depends on what kind of lease you have and your reason for leaving. Moving in with family is considered a personal reason and is not a “valid reason” for early termination under the Residential Tenancies Act of New Brunswick.^[1] That means you need to follow the standard rules for giving notice, or you may be responsible for rent until the end of your lease—unless your landlord is willing to make an exception.

Types of Rental Agreements

• Fixed-term lease: Set end date (e.g., 12 months). You usually can’t leave without penalty unless the landlord agrees or another legal exception applies.
• Month-to-month lease: Automatically renews every month. You may end it with proper written notice.

Most tenants with a fixed-term lease must get their landlord's consent to end it early for personal reasons like moving in with family. However, you still have important rights and recommended strategies that can help minimize your financial risk.

Your Legal Responsibilities and Notice Requirements

Tenants are required to provide written notice if they plan to leave their rental apartment before the end of their lease term. The form and timing depend on your lease type:

• Month-to-month lease: Written notice must be given at least one full rental month before leaving.
• Fixed-term lease: Written notice isn’t enough—you must either fulfill the term or get the landlord’s written agreement to end early.

To learn more about your ongoing rights and responsibilities as a tenant, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Required Official Forms and How to Use Them

The Residential Tenancies Tribunal of New Brunswick oversees rentals and supplies official forms:

• Notice of Termination by Tenant (Form 3): Used to formally notify your landlord that you wish to end your tenancy. This form is required for proper notice in all cases. Download it from the official government website.
  • How to use: Fill out Form 3 with your rental address, preferred termination date, and signature. Provide it to your landlord personally or via registered mail. Keep a copy for your records.
  • Example: If your rent is due on the 1st of each month, provide at least 1 month's notice before your planned move-out. For example, deliver notice before July 1 if you want to leave at the end of July.
• Mutual Agreement to Terminate Lease: If you have a fixed-term lease and your landlord agrees to let you leave early, this should be documented in writing (email or letter). While there’s no mandatory form, ensure both parties sign.

You can learn more about the Tribunal and access other forms on the Residential Tenancies Tribunal of New Brunswick website.

Protecting Your Deposit and Final Steps

If you’ve paid a security deposit, make sure you complete the exit steps. Returning keys, cleaning the unit, and documenting its condition can help you get your money back. For more tips, see The Final Inspection: What Tenants Need to Know Before Moving Out.

What If You Need to Leave Before Your Lease Expires?

If you must break a fixed-term lease to move in with family, your landlord is not obligated to allow an early end, but negotiation is possible. Some tenants suggest offering to find a new tenant to take over the lease (known as "assignment"), or agreeing to a reasonable fee for re-rental costs.

If you break your lease without proper notice or consent, your landlord may claim the unpaid rent or keep your deposit. Document agreements in writing to avoid disputes later.

For more details, see What to Do If You Need to Leave Your Rental Before the Lease Expires.

Quick Reference: Steps to End Your Lease Properly

• Review your lease to confirm notice periods and early termination clauses
• Negotiate with your landlord if you have a fixed-term lease
• Fill out and deliver the Notice of Termination by Tenant (Form 3)
• Arrange for final inspection and return of keys
• Keep all communication in writing

Many tenants use online platforms to browse apartments for rent in Canada when searching for their next place.

Your Rights as a Tenant in New Brunswick

Tenants and landlords both have important rights and obligations. For a full overview of provincial rules, see Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions

1. Can I break my lease in New Brunswick if I need to move in with family?
   In most cases, you cannot break a fixed-term lease for personal reasons without your landlord’s written consent. For month-to-month leases, you must give at least one full rental month’s notice using the required form.
2. What form do I need to end my tenancy in New Brunswick?
   Use the Notice of Termination by Tenant (Form 3) available from the Residential Tenancies Tribunal. This is required for giving proper notice.
3. Will I lose my security deposit if I break my lease early?
   If you follow the law and leave after the agreed notice or after negotiation for a fixed-term lease, you should get your deposit back (less damages or unpaid rent). If you leave without notice or agreement, the landlord may keep some or all of your deposit.
4. Can my landlord refuse to let me out of a fixed-term lease?
   Yes, unless you both agree in writing or the law provides a special exception (such as family violence or other protected reasons).
5. What happens if I leave before my notice period ends?
   You are responsible for rent up to the end of the notice period unless a new tenant moves in earlier or the landlord agrees otherwise.

Conclusion: Key Takeaways for New Brunswick Tenants

• Ending a rental lease to move in with family is not a protected reason in New Brunswick—you need your landlord’s consent if you have a fixed-term lease.
• Use Form 3 to provide official notice; always document all agreements in writing.
• Know your rights about deposits and the end-of-tenancy steps to avoid extra charges.

Plan ahead, understand your lease, and reach out for help if you’re unsure about your rights or obligations.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Renters’ rights, landlord/tenant forms, and legal guidance
• New Brunswick Department of Service New Brunswick: 1-888-762-8600
• Local Legal Aid or community legal clinics for advice on tenant disputes
• If you're planning your next move, browse apartments for rent in Canada

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1. Residential Tenancies Act of New Brunswick – Official Legislation Text
2. Residential Tenancies Tribunal of New Brunswick – Official Tribunal Website
3. Notice of Termination by Tenant (Form 3) – Download Form

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