Are you a tenant in New Brunswick looking to better understand leases and rental agreements? The laws and rules can feel confusing, but knowing your rights makes renting less stressful. This guide answers the most frequent questions about leases, deposits, and tenant obligations under New Brunswick’s rental laws.
Understanding Leases & Rental Agreements in New Brunswick
In New Brunswick, rental agreements are governed by the Residential Tenancies Act. This law sets out what landlords and tenants must do, what’s allowed in a lease, and how to resolve disagreements.
What is a Lease?
A lease, sometimes called a rental agreement, is a legal contract between a landlord and tenant. In New Brunswick, leases can be written or, rarely, verbal (but written is strongly recommended). Most leases are for a fixed term (like 12 months), but month-to-month agreements are also common.
- Written agreements are best: They set out the rent, who pays for utilities, when rent is due, and the start/end date.
- Verbal agreements are legal, but much harder to prove if there’s a dispute.
- Every lease must include the standard terms required by law. Any terms that contradict the Residential Tenancies Act are not valid.
Security Deposits
Most landlords ask for a deposit before you move in. In New Brunswick, this is called a “security deposit.” The maximum deposit is equal to one month’s rent. It must be paid directly to the Office of the Rentalsman (not to the landlord), who will hold it until you move out.
Learn more in Understanding Rental Deposits: What Tenants Need to Know.
Before You Move In
- Read the entire lease, including any attachments.
- Ask for a copy of the signed agreement.
- Inspect the unit for any damage and note it in writing.
For tips on your initial inspection, see Guide to the Initial Rental Property Inspection for Tenants.
Key Lease Terms to Look For
- Rent amount and when it’s due
- Who pays for heat, electricity, water, or other fees
- Duration (fixed term or month-to-month)
- Notice required to end the lease
- Any special rules about pets, guests, or smoking
Rent Increases
Landlords can increase rent, but must provide proper written notice—usually at least three months in advance. There’s no legal limit on the amount of increase, but it must be reasonable, and tenants can challenge increases they believe are unfair. See the New Brunswick Office of the Rentalsman for details on challenging rent increases.
Ending or Renewing a Lease
You can end your rental agreement by giving written notice, but the amount of notice required depends on the type of lease:
- Month-to-month: At least one month’s written notice
- Fixed term (e.g., one year): Lease ends on its expiry date. If you don't give notice, it may automatically renew month-to-month.
If you need to leave before your lease ends, special rules apply. For a smooth exit, review our tips in How to Properly End Your Rental Agreement as a Tenant. For more, visit Lease Renewals: What Tenants Should Know About Their Rights.
Official Forms You May Need
- Application for Tenancy (Form 1)
- Use this form when you’re applying to rent a property. It sets out the basic information the landlord needs.
Download Application for Tenancy (Form 1)
- Use this form when you’re applying to rent a property. It sets out the basic information the landlord needs.
- Notice of Termination (Form 3)
- Submit this form to end your tenancy. Be sure to give the proper amount of notice based on your lease type.
Download Notice of Termination (Form 3)
- Submit this form to end your tenancy. Be sure to give the proper amount of notice based on your lease type.
- Application for Assistance (Form 5)
- If you think your landlord is breaking the lease or your rights, use this form to ask the Office of the Rentalsman to review your case.
Download Application for Assistance (Form 5)
- If you think your landlord is breaking the lease or your rights, use this form to ask the Office of the Rentalsman to review your case.
Always read and follow form instructions to make sure your submission is valid.
Who Handles Rental Disputes?
The Office of the Rentalsman in New Brunswick oversees landlord-tenant issues, holds security deposits, and resolves disputes.
Tenant Rights and Responsibilities
- Pay rent on time and keep the unit clean
- Report maintenance and safety issues to your landlord promptly
- Respect other tenants and follow building rules
- Landlords must give 24 hours notice for most unit entries, except in emergencies
Get a full overview at Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Looking for your next place to rent? Explore Houseme for nationwide rental listings and see what’s available in your area. For New Brunswick-specific facts, see Tenant Rights and Landlord Rights in New Brunswick.
Frequently Asked Questions
- Can my landlord raise my rent any time?
No. Your landlord must give at least three months’ written notice before raising your rent. - Do I have to pay a security deposit to my landlord?
No. You pay your security deposit directly to the Office of the Rentalsman, not the landlord. - How do I legally end my lease in New Brunswick?
Give the correct written notice (at least one month for month-to-month) using the Notice of Termination (Form 3). - What if my landlord won’t fix something in my unit?
First, ask in writing. If not resolved, file an Application for Assistance (Form 5) with the Rentalsman. - Can I stay after my fixed-term lease ends?
Often yes. If neither you nor the landlord gives notice, your agreement typically becomes month-to-month.
How To: Common Lease Actions for New Brunswick Tenants
- How to challenge a rent increase?
Review the landlord’s notice. If you believe the increase is unreasonable, file a written objection and use the Application for Assistance (Form 5) with Rentalsman. - How to properly end your tenancy?
Check your lease type and submit a Notice of Termination (Form 3) to your landlord, giving the correct notice period. - How to recover your security deposit?
After you move out, request your deposit back from the Office of the Rentalsman, provided there is no damage or unpaid rent. - How to apply for assistance in a landlord-tenant dispute?
Fill out Application for Assistance (Form 5), explain the issue, and submit it to the Rentalsman for review.
Key Takeaways
- Always sign a written lease and keep a copy.
- Pay deposits to the Rentalsman, not to your landlord.
- Your rights are protected under the Residential Tenancies Act and by the Office of the Rentalsman.
Review all key terms and forms before making decisions about your rental agreement.
Need Help? Resources for Tenants
- New Brunswick Office of the Rentalsman: Forms, mediation, and deposit management
- Residential Tenancies Act – New Brunswick
- Public Legal Education and Information Service of New Brunswick – Tenant legal information
- See Tenant Rights and Landlord Rights in New Brunswick for a summary of local laws
