If a tenant signs a lease but then refuses or fails to move into a rental unit in New Brunswick, landlords need clear, practical steps to protect their income and property. This guide explains renter and landlord responsibilities, how to document missed move-ins, when to serve official notices, and how to apply to the provincial residential tenancies tribunal. It uses plain language aimed at landlords and renters, highlights key forms and deadlines, and points to official New Brunswick resources so you can follow correct procedures and minimize losses while respecting tenant rights.
First steps to take
Start by confirming the lease terms and any written communications with the tenant. If the tenant signed but did not take possession, document dates, messages, and any payments or returned keys. Attempt to contact the tenant in writing to confirm their intentions and offer reasonable solutions, such as a short grace period or an agreed cancellation. If you held a security deposit, review the rules for deductions and return. When in doubt about formal notices or timelines, contact the provincial tribunal for guidance [1].
Legal notices and common remedies
Common landlord options in New Brunswick include attempting to re-rent, serving a notice to the tenant, or applying to the tribunal for an order allowing termination and compensation. Always follow the official notice format and timelines required by provincial rules so you do not forfeit legal options [2].
- Serve a written notice explaining the tenancy status and any deadline to take possession or face termination.
- Keep evidence: signed lease, emails, call logs, photos of the unit and any returned keys.
- Mitigate your loss by advertising and showing the unit to potential new tenants as soon as permitted.
- Apply to the Residential Tenancies Tribunal for a determination if the tenant does not respond or vacate as requested [1].
Official forms you may need and when to use them
New Brunswick uses specific forms for notices and tribunal applications. Two commonly used documents are a written Notice to Tenant (used to state the landlord's intention to end the tenancy if the tenant fails to take possession) and the Application to the Residential Tenancies Tribunal (used when you need a legal order for termination or compensation). For example, if a tenant signs and then never moves in and ignores a written demand to occupy within a set period, you would serve a formal notice and if there is no compliance, file an application with the tribunal for termination and arrears recovery [3].
Practical tips for minimizing loss
- Document any unpaid rent or costs of re-renting, including advertising and cleaning.
- Act quickly to re-market the unit to reduce vacancy time.
- Offer flexible viewing times and keep records of prospective tenant interest to show mitigation efforts.
Related landlord resources
For best practices and a checklist after finding tenants, review the landlord guidance available online: What Landlords Should Do After Finding New Tenants: A Post-Lease Checklist and the broader Essential Guide for Landlords: Rights, Responsibilities, and Best Practices. If you're exploring options for re-renting, Find rental homes across Canada on Houseme can help you understand current market listings.
FAQ
- What can a landlord do if a tenant signs a lease but never moves in?
- Begin by documenting all communications, serve a written notice if appropriate, attempt to re-rent and, if necessary, file an application with the Residential Tenancies Tribunal for termination and compensation.
- Does a landlord have to return the security deposit if the tenant never moves in?
- It depends on the lease terms and whether the tenant breached the agreement; landlords must follow provincial rules on deposits and may apply to the tribunal to recover losses instead of returning the deposit immediately.
- How long will tribunal proceedings take?
- Timing varies by caseload; you should file promptly and keep records to support expedited resolution, and check the tribunal site for current processing times [1].
How-To
- Confirm the lease and collect all related documents and communications.
- Serve a written notice to the tenant explaining the required action and deadline.
- Begin advertising and showing the unit to mitigate vacancy losses.
- If the tenant does not respond, file an application with the Residential Tenancies Tribunal requesting termination and compensation.
- If awarded, follow tribunal directions to collect arrears or apply the amount against the deposit as permitted.
Help and Support / Resources
- Residential Tenancies Tribunal - Service New Brunswick
- Residential Tenancies Act - Government of New Brunswick
- Official forms and guides - Government of New Brunswick
