Moving between units in the same building or under the same landlord can be a simpler option than ending a lease and finding a new place. As a tenant in New Brunswick you should understand your rights and the practical steps involved, including when to notify the landlord, whether assignment or subletting is possible, how deposits and condition inspections are handled, and what provincial rules apply. This guide explains common options, the paperwork and forms you may need, timelines to expect, and how to protect your deposit and legal rights. It is written for renters and tenants who want clear, step-by-step advice on transferring a lease without surprises.
How lease transfers usually work
There are three common ways to move between units while keeping a tenancy relationship: assignment (where the lease is transferred to a new tenant), subletting (where you remain responsible but allow another tenant to live in the unit), or a negotiated surrender and re-signing of a new lease for the new unit. In New Brunswick, most agreements require the landlords written consent before an assignment or sublet is final. If youre unsure which route applies, ask the landlord to explain in writing and keep that communication.
Key steps for tenants moving between units
- Notify your landlord in writing and confirm timelines for the transfer.
- Submit required forms or written consent and keep copies for your records.
- Arrange a condition inspection of both units and take dated photos as evidence.
- Agree who pays any additional rent, deposit adjustments or administration fees.
- Sign any new lease or assignment agreement and obtain keys only after documents are complete.
- Move into the new unit on the agreed date and return old keys if required.
What to check before you move
Do a condition inspection of the unit youre leaving and the unit youre moving into. Make a written list of existing damage and note any required repairs. If theres disagreement later about the security deposit, your condition report and photos will be primary evidence. For details on deposits and how they work, see Understanding Rental Deposits: What Tenants Need to Know.
Costs, deposits and rent adjustments
Ask the landlord to confirm in writing whether your current deposit will transfer to the new unit or be returned and replaced by a different amount. If rent in the new unit is higher, clarify the effective date and any prorated amounts. Keep records of payments, receipts and any adjustments.
Official rules, tribunal and forms
The provincial body that handles residential tenancy disputes is the Residential Tenancies Tribunal[1]. The legislation that governs residential tenancies in New Brunswick is the Residential Tenancies Act[2]. If you need to apply to the Tribunal or use official forms (for example, to request a hearing about an unlawful deposit withholding), see the official application and forms page Residential Tenancies Tribunal application forms[3].
Practical examples
Example 1: You want to move from one two-bedroom to another within the same building. You notify the landlord 30 days in writing, request a written agreement to assign the lease, confirm the deposit transfer or adjustment, and schedule inspections before and after the move.
Example 2: You need someone to occupy your old unit while you take the new unit. You and the landlord agree on a sublet: you remain legally responsible under the existing lease, the subtenant pays rent to you or the landlord as agreed, and all parties sign written consent.
FAQ
- Do I always need landlord permission to transfer a lease?
- Yes. In New Brunswick a landlords written consent is typically required for an assignment or sublet; obtain and keep that consent in writing.
- What happens to my security deposit when I move between units?
- That depends on your agreement and the landlords policy: the deposit may transfer, be adjusted, or be returned and replaced. Do a condition inspection and document the state of both units to protect the deposit.
- Can the landlord charge a fee to process a transfer?
- Landlords may seek administration fees, but any fee should be reasonable and documented in writing; if you dispute a charge, you can apply to the Residential Tenancies Tribunal for resolution.
How-To
- Notify your landlord in writing with the proposed move dates and request the transfer process.
- Submit any required forms or written consent documents and keep copies for your records.
- Arrange and complete a condition inspection for both units and take dated photos.
- Agree in writing on deposit handling, rent adjustments and any fees before moving.
- Sign the assignment or new lease as required and confirm when keys will be exchanged.
- Move on the agreed date, return old keys if requested, and retain all receipts and documentation.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- Residential Tenancies Act (New Brunswick)
- Residential Tenancies Tribunal application forms
