How to Give Proper Notice to End Tenancy in New Brunswick

Ending your tenancy in New Brunswick requires following specific legal steps to make sure you protect your rights and avoid unwanted costs. Whether you’re finishing a fixed-term lease, leaving a month-to-month rental, or must move for special reasons, understanding how notice works under New Brunswick law is crucial. This article walks you through timelines, forms, and essential next steps so you can end your tenancy correctly and confidently.

Understanding Tenancy Types and Notice Requirements

In New Brunswick, the two main types of tenancies are fixed-term leases and periodic (month-to-month) leases. Each has different notice rules:

• Fixed-term tenancy: A lease for a set time (for example, one year). You typically must stay until the end of the term unless the landlord agrees or special exceptions apply.
• Periodic tenancy: A rental arrangement that renews automatically each month or week. Most tenants in New Brunswick have a month-to-month tenancy.

It's important to check your written lease for details. If you’re not sure of your rights after signing an agreement, see What Tenants Need to Know After Signing the Rental Agreement.

How Much Notice Does a Tenant Need to Give?

Tenants are required to give written notice before ending their tenancy. The rules in New Brunswick are as follows:

• Month-to-month tenancy: At least one full month’s notice before the end of a rental period.
• Week-to-week tenancy: At least one full week’s notice before the end of a rental period.
• Fixed-term lease: Usually, you must stay until the term ends, but you still need to provide notice if you intend to move out at the end.

For example, if you pay rent on the 1st of each month, your notice should be received by the landlord before the 1st of the month for a move-out at the end of that same month.

Exceptions: When Can You Give Shorter Notice?

You may be able to end your tenancy sooner if:

• You or a dependent need to move to a care facility
• There’s serious harassment or danger from a co-tenant or landlord
• Your apartment becomes uninhabitable

Different rules and forms may apply, so contact the Residential Tenancies Tribunal of New Brunswick for guidance.

How to Properly Give Notice: Forms and Best Practices

New Brunswick law says your notice to end tenancy must be in writing. The key steps are:

• Use the official Notice of Termination by Tenant (Form 2)
• State your move-out date clearly
• Sign and date the notice
• Deliver it to your landlord in person or by another traceable method

Official Forms You Need

• Notice of Termination by Tenant – Form 2 (download here): The tenant uses this to give official notice. Example: Maria needs to move out after five years in her apartment. She fills out Form 2, checks the proper box, lists her termination date, and gives the form to her landlord by hand on the required date.

Tip: Always keep a copy of your signed notice and proof of delivery in case there’s a dispute.

What Happens Next?

Once you’ve served notice, you’re responsible for paying rent until the end of your notice period. The landlord may show the unit to prospective tenants, but must give you at least 24 hours’ written notice before each visit. To avoid any complications when moving out, prepare in advance by reviewing Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

After Giving Notice: Final Steps and Getting Your Deposit Back

Before moving out, complete these key actions:

• Do a walkthrough inspection with your landlord (if possible) to document the condition of the unit
• Clean the apartment and remove all belongings
• Return all keys on or before your move-out date
• Supply a forwarding address for the return of your security deposit

For help with deposit returns and what you’re entitled to, see How to Get Your Security Deposit Back with Interest When Moving Out.

Where Do Tenancy Laws Come From?

In New Brunswick, all rental rules are set by the Residential Tenancies Act (R.S.N.B. 1973, c. R-10.2).¹ This law protects both tenant and landlord rights throughout the province. For a summary, view Tenant Rights and Landlord Rights in New Brunswick.

For a province-wide view of available properties, Find rental homes across Canada on Houseme.

Frequently Asked Questions

1. Can I move out without giving notice if my landlord isn’t making repairs?
   If your unit is unsafe or seriously unfit to live in, you may be able to end your tenancy with less notice, but you must contact the Residential Tenancies Tribunal first. Always document your concerns and give the landlord a chance to fix the issue if possible.
2. What if my landlord refuses to accept my notice?
   As long as you provide the proper form, with enough notice, and can prove you delivered it, your notice is valid even if the landlord refuses it. Keep a copy and proof of delivery.
3. Do I have to pay rent if I give notice but move out early?
   Yes. You must pay rent up to the end of your notice period, unless the landlord finds a new tenant sooner. You are not required to pay beyond the proper notice date.
4. How do I get my security deposit back after giving notice?
   The landlord must return your security deposit, plus interest, within 7 days after you move out—unless there are damages or unpaid rent. Make sure to provide your forwarding address and leave the unit clean and undamaged. See How to Get Your Security Deposit Back with Interest When Moving Out for more info.
5. Can I end my lease early due to discrimination or harassment?
   If you experience discrimination or harassment, you should contact the Residential Tenancies Tribunal or local tenant resources right away—there may be remedies or exceptions allowing an early exit.

Key Takeaways for Ending Tenancy in New Brunswick

• You must give written notice using the official Form 2 to end your tenancy lawfully.
• Proper notice periods are one month for month-to-month, or as stated in your lease.
• Return keys, complete a move-out inspection, and provide a forwarding address for your deposit.
• Contact the Residential Tenancies Tribunal for help with disputes or questions.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick (RTB) – Find forms, guides, and contact information
• Residential Tenancies Act (New Brunswick) – Read the full legislation
• Saint John Tenants Association – Local tenant advocacy and support
• Tenant Rights and Landlord Rights in New Brunswick – Summary of tenant and landlord rights

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1. Residential Tenancies Act (R.S.N.B. 1973, c. R-10.2)

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