Lease Transfers and Sublets in New Brunswick

Leases & Agreements New Brunswick 3 min read · published March 09, 2026 Flag of New Brunswick

In New Brunswick, understanding the rules around lease transfers and sublets is essential for tenants considering a change in their rental arrangements. This guide will explore the legal framework and procedures involved in subletting or transferring a lease, ensuring you stay compliant with provincial laws.

Lease Transfers and Sublets: What You Need to Know

In New Brunswick, tenants can transfer their lease or sublet their rental unit, but there are specific rules and processes to follow:

  • Lease Transfer: This involves the tenant assigning their rights and obligations under the lease to another party. The new tenant takes over the remaining lease term.
  • Sublet: A sublease allows the original tenant to rent out the property to a third party temporarily, while still retaining their obligations to the landlord.

Requirements for Lease Transfers and Subletting

Tenants must obtain the landlord's written consent before transferring a lease or subletting the unit. The landlord cannot unreasonably withhold consent, and any refusal should be communicated within a reasonable timeframe with valid reasons.

Keep a written record of all consent requests and any agreed terms, including the landlord's written approval and the proposed tenant's details. If consent is refused, ask for the specific reasons in writing and review them against your lease. If you can't resolve a dispute, contact the Residential Tenancies Tribunal for guidance.
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Practical Steps to Transfer or Sublet Your Lease

Here's how you can navigate the process:

Prepare a short packet: a copy of the lease provisions on transfers, the landlord’s written consent, and details about the prospective tenant. Keep copies of all communications and confirm approvals in writing.
  • Step 1: Review your lease agreement for any clauses related to transfers or sublets.
  • Step 2: Communicate your intention to your landlord and obtain their consent in writing.
  • Step 3: Choose a suitable candidate to take over or sublet your lease, ensuring they meet the landlord's requirements.
  • Step 4: Formalize the transfer or sublet in writing, including all relevant terms and agreements.

Legal Framework and Resources

In New Brunswick, the Residential Tenancies Act governs the procedures for lease transfers and subletting. It ensures that tenant and landlord rights are protected during these processes. For specific guidance, you can contact the Residential Tenancies Tribunal, which manages tenancy disputes and offers advice.

Disputes can arise when a landlord unreasonably withholds consent or fails to respond within a reasonable timeframe. The Residential Tenancies Tribunal can provide guidance or help resolve disagreements.

Need Help? Resources for Tenants

New Brunswick offers various resources to assist tenants:

Resources are helpful for general understanding, but always verify guidance with your landlord and the Tribunal, and be prepared with documents such as the lease, consent letters, and any notices you’ve sent.
  1. Are landlords allowed to refuse a lease transfer or sublet? Landlords cannot unreasonably withhold consent for a lease transfer or sublet, and they must provide valid reasons if they choose to refuse.
  2. What happens if a landlord doesn't respond to a transfer or sublet request? If a landlord does not respond within a reasonable time, it may be interpreted as consent. Tenants should seek advice from the Residential Tenancies Tribunal in such cases.
  3. Can the new tenant be different from the original lease terms? The new tenant must comply with the original lease terms unless changes are agreed upon in writing by the landlord and the new tenant.
Footnotes:
  1. [1] Residential Tenancies Act, Residential Tenancies Act
  2. [2] Residential Tenancies Tribunal, New Brunswick, Residential Tenancies Tribunal

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Marie Dubois
Marie Dubois

Bilingual Housing Rights Advisor, Tenant Rights Canada

Marie covers tenant rights across Quebec and the Atlantic provinces in both English and French. With a background in Quebec civil law and residential tenancy, she is a trusted voice on the Tribunal administratif du logement process and francophone tenant rights.

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