Moving In and Out for Tenants in New Brunswick: A Practical Guide

Planning to move into or out of a rental in New Brunswick? It's important to know your rights and responsibilities at each stage of the tenancy. This practical guide breaks down the moving process—whether you're just starting as a tenant or preparing to leave—under New Brunswick's rental laws. Understanding procedures like inspections, deposits, and official forms can help you avoid common headaches and protect your interests.

What to Know Before Moving Into a Rental in New Brunswick

Before you get the keys, there are some key steps you should take to ensure a smooth start:

• Review your lease: Read through the entire rental agreement. Make sure it lists essential details such as rent, duration, included utilities, and maintenance responsibilities.
• Understand deposits: New Brunswick allows landlords to request a security deposit (also called a damage deposit), but it must not be more than one month's rent. Learn more in Understanding Rental Deposits: What Tenants Need to Know.
• Request an inspection: Arrange a move-in inspection with your landlord to document the property's condition. You both should sign and keep a copy.
• Get a copy of your signed lease: This is vital for resolving future disputes about terms or obligations.

Official Forms: Record of Condition (Move-In Inspection)

While not legally required in all cases, a written move-in inspection protects your interests. The "Record of Condition" (Form 6: Condition Report) is commonly used in New Brunswick:

• When to use: Complete this form together with your landlord before moving in and keep a copy. It should record any existing damage or issues in each room.
• Where to find it: Download the Condition Report (Form 6) from Service New Brunswick.

Moving Out: Steps and Legal Requirements

When you're preparing to leave a rental unit, follow these guidelines to close out your tenancy correctly:

• Provide written notice: In most cases, you must give your landlord at least one full month's written notice before moving out. Use the official form for clarity.
• Prepare for a final inspection: Schedule a walkthrough with your landlord. Both parties should agree on the property's condition. For more, see The Final Inspection: What Tenants Need to Know Before Moving Out.
• Return keys and provide a forwarding address: Hand over all keys on the last day and give your landlord your new address for deposit returns or further correspondence.
• Security deposit return: The landlord must return the deposit (with interest, if applicable) within seven days unless deductions are justified. Learn how to get your deposit back in How to Get Your Security Deposit Back with Interest When Moving Out.

Official Forms for Ending Tenancy

• Notice of Termination by Tenant (Form 2): Use this when giving written notice to your landlord.
  Download Form 2 from Service New Brunswick. Include your name, address, move-out date, and landlord's details. Give it directly or by registered mail.

Your Rights and Responsibilities

Both tenants and landlords have legal obligations. As a tenant, you must maintain reasonable cleanliness, pay rent on time, and not cause damage beyond normal wear and tear. Landlords are responsible for repairs and returning security deposits fairly. Clarify roles and rules in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

For more details on New Brunswick rental laws, see Tenant Rights and Landlord Rights in New Brunswick.

Who Oversees Rental Issues?

In New Brunswick, the Residential Tenancies Tribunal handles disputes, applications, and provides resources to both tenants and landlords. They are the best source for up-to-date forms and legal processes.

Relevant Law

The Residential Tenancies Act of New Brunswick is the main law protecting tenant and landlord rights in the province.¹

Other Useful Resources

• New Brunswick Residential Tenancies Act
• Residential Tenancies Tribunal – Service New Brunswick
• Canada.ca – Renting and Leasing
• Canada's best rental listings platform

FAQ: Moving In and Moving Out in New Brunswick

1. What notice does a tenant need to give when moving out?
   Most tenancies in New Brunswick require at least one month's written notice, using the official Notice of Termination by Tenant (Form 2).
2. Can the landlord keep my security deposit?
   Landlords can only keep all or part of the deposit for unpaid rent or damages. They must provide a statement if any deductions are made.
3. Do I have to do a move-out inspection?
   While not strictly required, a move-out inspection helps avoid deposit disputes and documents unit condition.
4. What if my landlord won’t return my deposit?
   You can file a complaint with the Residential Tenancies Tribunal to resolve disputes over deposits.
5. Is cleaning required before moving out?
   You must leave the rental in a reasonably clean condition, similar to when you moved in, minus normal wear and tear.

How To: Step-By-Step for Moving Out Properly in New Brunswick

1. How do I give notice to end my tenancy?
   Complete the Notice of Termination by Tenant (Form 2), sign it, and provide it to your landlord at least one full month before moving out.
2. How do I make sure I get my deposit back?
   Clean your unit, repair any tenant-caused damage, arrange a move-out inspection, and give your landlord your forwarding address in writing.
3. How do I request a move-in or move-out inspection?
   Contact your landlord and suggest filling out the Condition Report (Form 6) together at move-in and again at move-out to compare conditions.
4. How can I file a complaint about my deposit?
   Gather all evidence (photos, forms, correspondence), then contact the Residential Tenancies Tribunal to submit your complaint.

Key Takeaways

• Always provide proper written notice when moving out and keep records.
• Do a move-in and move-out inspection to protect your deposit.
• Know your rights by reviewing the Residential Tenancies Act of New Brunswick and using official forms.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – Service New Brunswick (FAQ, forms, information)
• Canada.ca – Renting and Leasing
• Local tenant support: Tenants in New Brunswick can reach out to advocacy groups or local legal clinics for help with unresolved disputes

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal, Service New Brunswick
3. Condition Report (Form 6), Service New Brunswick
4. Notice of Termination by Tenant (Form 2), Service New Brunswick

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