Many renters wonder whether they can be charged a fee when they assign a lease to someone else. In New Brunswick, tenant and landlord responsibilities around lease assignments depend on the written lease and the Residential Tenancies Act. This guide explains what assignment means, when a landlord might ask for money, and practical steps tenants can take if they're asked to pay. You will learn what documents to keep, how to propose a replacement tenant, and when to apply to the Residential Tenancies Tribunal to challenge a charge. The goal is to help New Brunswick renters protect their rights, avoid unexpected costs, and follow the correct forms and timelines.
How lease assignments work in New Brunswick
A lease assignment is when a current tenant transfers the remainder of their lease to another person who then becomes responsible to the landlord under the same agreement. Whether a tenant can assign depends on the lease wording and the Residential Tenancies Act itself [2]. Many leases require the landlord's written consent before an assignment; some set out specific conditions, while others prohibit assignment entirely.
Can landlords charge assignment fees?
Landlords may seek compensation for demonstrable costs caused by an assignment, such as advertising or screening costs, but any fee must be reasonable and supported by evidence. A flat or arbitrary charge written into a lease can be challenged if it exceeds actual costs or conflicts with provincial rules. If you receive a demand for money, ask the landlord for a written breakdown of costs and receipts and keep all related communications.
Options for tenants
- Ask the landlord to waive or reduce any assignment fee and request the justification in writing.
- Offer a suitable replacement tenant with references and an application to speed approval.
- If the landlord refuses or charges an unreasonable amount, apply to the Residential Tenancies Tribunal to dispute the fee [1].
If you need to find a replacement quickly, consider advertising the unit or asking friends and colleagues for referrals. You can also look for available units if you must move sooner; Find rental homes across Canada on Houseme can help with searches.
What to include when disputing a fee or applying
Whether you negotiate or prepare an application, collect supporting documents and be ready to show the tribunal the facts.
- Copies of your lease, emails, text messages, and any written fee demand.
- Receipts or invoices the landlord provides to justify the fee, and your requests for an itemized breakdown.
- Evidence you provided a qualified replacement tenant, such as applications, references, and proof of their suitability.
What landlords typically do
When a tenant asks to assign, many landlords will request a screening fee or ask the outgoing tenant to cover advertising costs. Landlords should provide receipts and demonstrate actual costs; otherwise a tribunal may order a refund or reduction. Landlords often rely on tenant screening steps: credit, references, and employment verification. For guidance aimed at landlords on finding replacements, see How to Find New Tenants for Your Rental Unit: A Landlord's Step-by-Step Guide.
When to involve the Residential Tenancies Tribunal
Use the tribunal if you cannot resolve the issue with the landlord and you believe the fee is unreasonable or not supported by the lease or law. File as soon as you can after the dispute arises — tribunals can award refunds, dismiss improper charges, and set timelines for compliance [1].
FAQ
- Can a landlord refuse an assignment?
- Yes, a landlord can refuse an assignment if the lease allows that refusal or if the proposed replacement is unsuitable, but refusal must not be arbitrary and should be based on reasonable screening criteria.
- What if my lease says I must pay a fee to assign?
- If a fee is stated in the lease, it may be enforceable if it reflects actual costs. You can request receipts and challenge unreasonable charges at the Residential Tenancies Tribunal.
- How long will a tribunal decision take?
- Timelines vary; you will receive instructions from the tribunal after filing. Prepare documents quickly and follow any tribunal requests to avoid delays.
How-To
- Gather documents: lease, written fee requests, receipts, messages, and replacement tenant applications.
- Contact the landlord in writing to request an itemized breakdown of any fee and propose a replacement tenant.
- If the landlord refuses or charges an unreasonable amount, file an application with the Residential Tenancies Tribunal and attach your evidence [3].
- Attend the hearing (in person or virtually), present your documents clearly, and ask the tribunal for an order to reduce or refund an improper charge.
Key Takeaways
- Keep written records: lease, communications, and receipts for any assignment-related costs.
- Request an itemized bill from the landlord and challenge unreasonable fees with the tribunal.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- Residential Tenancies Act (New Brunswick)
- Service New Brunswick: Tenant information and forms
