Moving In and Out: Tenant Rights in New Brunswick

Moving into or out of a rental property in New Brunswick comes with important legal requirements that every tenant needs to understand. Whether you're starting a new tenancy or preparing to leave your home, knowing your rights and responsibilities under New Brunswick's laws can protect you and help avoid common disputes with landlords.

Understanding Your Legal Rights and Obligations

In New Brunswick, the Office of Rentalsman administers the Residential Tenancies Act^[1]. This law sets the basic rules for security deposits, inspections, notice periods, and moving procedures for both tenants and landlords.

If you'd like an overview of tenant protections in the province, see Tenant Rights and Landlord Rights in New Brunswick for a quick facts summary.

Before Moving In: Deposits, Inspections, and Action Steps

• Security Deposits: Landlords can collect a security deposit up to one month's rent. The deposit must be held in trust by the Office of Rentalsman, not the landlord. Learn more in Understanding Rental Deposits: What Tenants Need to Know.
• Written Tenancy Agreement: While not legally required, it is highly recommended to have a clear, written rental agreement. This protects both tenant and landlord if misunderstandings arise.
• Initial Inspection: Although not mandatory, tenants are encouraged to request a move-in inspection. Documenting the property’s condition with photos and a checklist protects your deposit at the end of the tenancy. For guidance, see Guide to the Initial Rental Property Inspection for Tenants.
• Moving Tips: For practical suggestions for moving in, check out Essential Tips for Tenants When Moving Into a New Rental Home.

Official Form: Application for Security Deposit

• Form: Security Deposit Form (Form 1A)
• When to use: Used at the start of a tenancy to register your deposit with the Rentalsman.
• Where to find: New Brunswick Residential Tenancies Forms

Before you move in, make sure the landlord submits this form on your behalf. Confirm the deposit is properly registered.

Moving Out: Notice Requirements, Final Inspections, and Deposit Return

There are set rules for giving notice and procedures for moving out in New Brunswick. Here’s what you should know before vacating your unit.

Giving Notice to End a Tenancy

• For fixed-term leases: Tenancy ends at the fixed date. If you wish to move out, you generally don’t need to give additional notice unless your lease has renewal terms.
• For month-to-month tenancies: Tenants must provide one full month's written notice before the day rent is due.
• Use the official Notice to Quit (Form 3) to notify your landlord. A sample can be found on the Rentalsman’s Forms page.

Final Inspection and Getting Your Deposit Back

A final inspection (though not mandatory) is highly recommended. Both parties should walk through the unit, compare its condition to move-in records, and sign off if possible. This helps avoid conflicts about damage and deposits later. Find useful guidance in The Final Inspection: What Tenants Need to Know Before Moving Out.

• Getting your deposit back: After you move out, the landlord must complete a Security Deposit Claim form (Form 4). If there are no deductions for damages or unpaid rent, your deposit (plus interest) must be returned within seven days. For step-by-step advice, visit How to Get Your Security Deposit Back with Interest When Moving Out.

If there are disagreements, you may apply to the Rentalsman for resolution. Formal applications and instructions can be found on the Office of the Rentalsman website.

Common Issues and Moving-Related Problems

Moving can surface disputes over cleanliness, repairs, or damages. Record everything, keep communication in writing, and know that you can dispute unfair charges through the Rentalsman.

Where to Search for a New Rental

Whether you’re coming or going, Explore Houseme for nationwide rental listings to easily find your next home.

FAQ

1. How much notice do I need to give before moving out in New Brunswick?
   In most month-to-month tenancies, you must give at least one full month's written notice before the next rent due date.
2. Can my landlord hold my security deposit after I move out?
   Your landlord can only claim against your deposit for unpaid rent or damage (beyond normal wear and tear). Otherwise, you are entitled to your deposit plus interest within seven days of moving out.
3. Am I entitled to a move-in or move-out inspection?
   While not legally required, both are highly recommended. Inspections protect both parties and reduce deposit disputes.
4. What if my landlord tries to deduct for 'wear and tear'?
   Landlords cannot deduct for reasonable wear and tear. Disputes can be resolved by applying to the Office of the Rentalsman.
5. Where can I get more information on tenant rights?
   Check Tenant Rights and Landlord Rights in New Brunswick for a summary of local laws and procedures.

How-To: Steps for Moving Out Properly in New Brunswick

1. How do I give proper notice to end my tenancy?
   Complete the official Notice to Quit (Form 3), and deliver it to your landlord at least one full month before the next rent due date.
2. How do I arrange a final inspection?
   Contact your landlord to schedule a move-out walkthrough. Bring any photos or move-in reports to compare the unit's condition.
3. How do I get my security deposit back?
   Once you've moved and returned the keys, ensure the landlord files the Security Deposit Claim (Form 4). If there are no deductions, your deposit (plus interest) must be returned within seven days.
4. What if my landlord withholds my deposit unfairly?
   You can file a dispute with the Office of the Rentalsman using the prescribed forms on their website.

Key Takeaways for Tenants

• Know the legal notice periods you must give before moving out
• Document everything—photos and written records protect your deposit
• Official forms help ensure your deposit is handled correctly

Planning ahead and following proper steps can minimize stress and protect your rights.

Need Help? Resources for Tenants

• Office of the Rentalsman (New Brunswick): Main government office for rental issues, forms, and dispute resolution.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant resources
• Printable and online forms: Residential Tenancies Forms

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1. Residential Tenancies Act, SNB 1975, c R-10.2 – See official text
2. Office of the Rentalsman (Residential Tenancies Tribunal) – Official government website

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