Moving In and Out Rules for Tenants in New Brunswick

Moving into or out of a rental unit in New Brunswick involves important legal steps to protect your rights and your money. This guide covers inspections, rental deposits, required notices, forms, and legislation you need to know as a tenant in New Brunswick.

What to Do Before Moving In

Before you move in, review your lease agreement carefully and make sure you understand your rights and responsibilities. In New Brunswick, the law that governs rental housing is the Residential Tenancies Act¹. The rental process officially begins when a landlord and tenant sign a written agreement, although oral agreements are also legally binding in most cases.

Initial Inspection and Documenting the Unit

Conducting a joint move-in inspection with your landlord is not explicitly required by law but strongly recommended. This will help avoid disputes over the condition of the unit when you move out. Take photos, write down any issues, and keep a copy for your records. For more details on initial inspections and tips, see the Guide to the Initial Rental Property Inspection for Tenants and Essential Tips for Tenants When Moving Into a New Rental Home.

Rental Deposits

Your landlord may request a security deposit (also called a "damage deposit") that cannot exceed one month's rent. Deposits must be held in trust and returned to you—with any interest accrued—unless there is damage beyond normal wear and tear. For more about security deposits, see Understanding Rental Deposits: What Tenants Need to Know.

Official Forms and Government Contact

• Security Deposit Form: Used to request the return of your security deposit. If your landlord withholds your deposit or makes deductions, you can file Form 10: Application for Assistance (found on the New Brunswick Rentalsman Forms page).
• Notice of Termination (Form 3): Submit this form to give proper notice if you decide to move out. Download it from the official Form 3 - Notice of Termination page.

Example: If you are ending a month-to-month lease, you must give at least one month's written notice using Form 3 prior to the last month you intend to stay.

Moving Out: Key Steps for Tenants

When you are ready to move out, be sure you follow these basic steps to get your deposit back and leave on good terms.

Giving Proper Notice

• For month-to-month leases, you must give one full month's written notice with Form 3.
• For fixed-term leases, you must move out at the end of the term unless you and your landlord agree to renew or extend the lease.

Notice periods are very important. If you don't give proper notice, you may lose your deposit or owe extra rent.

Move-Out Inspection

Schedule a final walk-through with your landlord. Document the condition of the unit in writing and with photos. This can help prove you left the unit in the same condition as when you moved in.

Getting Your Security Deposit Back

Your landlord must return your security deposit within seven days after the end of your lease, unless there are damages or unpaid charges. Interest is paid according to government rates. If the landlord does not return your deposit, you can apply for assistance from the Office of the Rentalsman using the Security Deposit Form 10 mentioned above.

End of Tenancy and Your Obligations

• Remove your belongings on or before the move-out date
• Clean the rental unit (floors, kitchen, bathroom, etc.)
• Return all keys and access cards to the landlord

Who to Contact for Issues

If you face problems like withheld deposits, unfair charges, or disagreements about inspections, contact the Office of the Rentalsman (New Brunswick). This body resolves rental disputes and enforces the Residential Tenancies Act².

For more details about tenant rights in your province, see Tenant Rights and Landlord Rights in New Brunswick.

You can also Explore Houseme for nationwide rental listings when searching for your next home.

Frequently Asked Questions

1. How much notice do I need to give before moving out? In New Brunswick, tenants must give at least one full month's written notice before the end of the rental period for month-to-month leases. Use Form 3 to do this.
2. Am I entitled to get my security deposit back? Yes. If you leave the rental unit clean and without damage (other than normal wear and tear), your landlord must return your deposit with interest within seven days of your tenancy ending.
3. What if my landlord does not return my deposit? File Form 10: Application for Assistance with the Office of the Rentalsman to have your case reviewed and potentially order the return of your deposit.
4. Is a move-in inspection required? While not required by law in New Brunswick, it is strongly recommended to complete a move-in inspection checklist and keep photos as evidence.
5. Can I move out early if I sign a fixed-term lease? Leaving before the lease ends without your landlord's consent can mean you owe rent or lose your security deposit, unless the unit is re-rented quickly or you have legal grounds for early termination.

How To: Moving In and Moving Out in New Brunswick

1. How do I properly give notice I am moving out? Complete Form 3: Notice of Termination. Sign and date it, then deliver it to your landlord at least one full month before you plan to leave (for monthly leases).
2. What steps should I take for a move-out inspection? Arrange a walk-through with your landlord. Use a checklist to record the unit’s condition, take photos, and have both parties sign off on the inspection report.
3. How can I recover my security deposit? After moving out, wait seven days for your landlord to return your deposit with interest. If it is not returned, complete and submit Form 10: Application for Assistance to the Office of the Rentalsman.
4. What if I have problems during the moving process? Contact the Office of the Rentalsman for mediation or assistance with resolving disputes about deposits, notice, or inspection findings.

Key Takeaways for New Brunswick Tenants

• Always provide written notice (Form 3) on time when moving out
• Document your rental unit’s condition before moving in and out
• File official forms with the Office of the Rentalsman if you have issues with deposits or notices

Need Help? Resources for Tenants

• Office of the Rentalsman (Department of Finance and Treasury Board, NB) – rental forms, contact information, and dispute resolution
• Residential Tenancies Act (New Brunswick)
• Legal advice: Consider contacting a local legal aid office or tenant advocacy group if you have complex issues

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1. Residential Tenancies Act (New Brunswick)
2. Office of the Rentalsman - New Brunswick

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