How to Legally Break a Lease in New Brunswick

Breaking a lease in New Brunswick is sometimes necessary—due to a job transfer, discrimination, health reasons, or changes in your personal life—but it's important to understand your legal options and the steps you must take to protect your rights. Tenants in New Brunswick are governed by unique provincial laws, and knowing the correct procedure can help avoid disputes, financial penalties, or negative references for future rentals.

Understanding Your Lease Agreement and Rights

Your lease, or rental agreement, is a legally binding document outlining your responsibilities as a tenant. In New Brunswick, most leases are either fixed-term (set end date) or periodic (month-to-month).

  • Fixed-term lease: Runs until a specified date; breaking it early without proper cause may cost you.
  • Month-to-month lease: Renews automatically, requiring a set notice period to end legally.

Before proceeding, review your lease for clauses about early termination and subletting. For a full overview of your legal rights in New Brunswick, visit Tenant Rights and Landlord Rights in New Brunswick.

Valid Legal Reasons for Breaking a Lease Early

While personal preferences are usually not reasons to end a lease without consequences, provincial law recognizes several valid grounds, including:

  • Landlord breach—failure to meet obligations, such as not fixing major health or safety issues.
  • Discrimination or harassment based on protected grounds under the New Brunswick Human Rights Act.
  • Domestic violence, where early lease termination is a legal right with evidence.
  • Government relocation, health, or accessibility needs (e.g., being moved for medical treatment or needing accessible housing due to a disability).
  • Major Health and Safety Issues Every Tenant Should Know When Renting.

It’s important to have supporting documentation when using one of these reasons, such as a physician’s note, documentation from a support agency, or written proof of a landlord’s breach.

Proper Notice: How and When to Notify Your Landlord

Notice requirements depend on your lease type:

  • Month-to-month lease: You must give at least one full month's written notice before the rent due date.
  • Fixed-term lease: You must fulfill the entire term unless you have a legally valid exemption or your landlord agrees in writing to end it early.

Notifying your landlord in writing and keeping copies is crucial. You may use email, registered mail, or a hand-delivered letter. Maintain proof of delivery for your records.

Required Official Forms and How to Use Them

In New Brunswick, residential tenancy matters are handled by the New Brunswick Residential Tenancies Tribunal.[1]

  • Notice of Termination Form (Form 2): Used by tenants to officially notify landlords of intent to end a month-to-month tenancy.
    View Form 2 – Notice of Termination. Example: If you need to move for health reasons, fill out this form and deliver it to your landlord at least one full month before the end of your rental period.
  • Application to Terminate Lease for Personal Circumstances: In specific situations (e.g., domestic violence, discrimination, medical needs), tenants can apply to the Tribunal to end their lease early. The process requires supporting documentation.
    Find official forms here.

If you are breaking your lease due to landlord non-compliance, safety issues, or discrimination, file a complaint with the Tribunal and submit all relevant evidence to support your case.

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What Happens If You Break a Lease Without Legal Grounds?

If you move out before your lease ends for reasons not protected by law, you may be responsible for paying rent until the end of the term, or until the unit is re-rented. However, landlords must try to find a new tenant to minimize your cost (this is called the "duty to mitigate"). Always communicate openly with your landlord, and if possible, come to a written agreement for early termination.

For tenants who need to leave before a lease expires, refer to What to Do If You Need to Leave Your Rental Before the Lease Expires for practical steps and options.

Subletting and Assignment: Alternate Options

Instead of breaking your lease outright, you may be allowed to sublet (bring in someone to rent from you) or assign (transfer the lease to a new tenant). These require landlord approval in writing, but your landlord cannot unreasonably refuse.

If you can find someone to take over your lease, you may avoid financial penalties. Always use written agreements and notify your landlord in advance.

Financial Considerations: Deposits and Returning Keys

Be sure to follow all move-out procedures and leave the rental in its original condition to increase your chances of recovering your deposit. For details, see Understanding Rental Deposits: What Tenants Need to Know.

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FAQ: Legally Breaking a Lease in New Brunswick

  1. What are valid reasons to break a lease in New Brunswick?
    Legal reasons include landlord breaches (like failing to repair serious health or safety issues), discrimination, domestic violence, or medical needs requiring relocation.
  2. Can I break a lease if my unit is unsafe or unlivable?
    Yes. If your landlord fails to meet health or safety standards—even after being notified—tenants can use official forms to apply for early termination.
  3. What is the required notice if I’m ending a month-to-month lease?
    You must give your landlord at least one full month’s written notice before your next rent due date.
  4. Do I lose my deposit if I break my lease?
    If you follow all legal requirements and leave the unit in good condition, you’re entitled to your deposit (minus any deductions for damages or unpaid rent).
  5. Can my landlord refuse to let me sublet or assign my lease?
    No, unless your landlord provides a valid reason. All requests to sublet or assign must be made in writing.

Key Takeaways for New Brunswick Tenants

  • Breaking a lease without legal grounds can result in financial penalties—make sure you qualify before ending your agreement early.
  • Protect yourself by using official forms, giving proper notice, and keeping records of all communications.
  • For detailed tenant rights in New Brunswick, review Tenant Rights and Landlord Rights in New Brunswick.

Need Help? Resources for Tenants

  1. New Brunswick Residential Tenancies Tribunal: https://www2.gnb.ca/content/gnb/en/departments/erb/consumer_content/residential_tenancies.html
  2. New Brunswick Residential Tenancies Act: View the full Residential Tenancies Act
  3. New Brunswick Human Rights Act: See the Human Rights Act legislation
  4. Government Forms: https://www2.gnb.ca/content/gnb/en/departments/erb/consumer_content/residential_tenancies/forms.html

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