New Brunswick Tenant Lease Issues: A Complete Guide

Entering into a lease or rental agreement in New Brunswick gives you important rights and obligations as a tenant. If you're unsure about the rules around deposits, lease renewals, or your duties after signing, understanding the laws can help protect your home. This guide explains New Brunswick lease and agreement issues in clear language, outlining official forms, how to resolve common disputes, and where to seek help if needed.

Leases and Rental Agreements in New Brunswick

Every tenancy in New Brunswick—whether written or verbal—is governed by the Residential Tenancies Act (New Brunswick)^[1]. The law covers essentials such as security deposits, maintenance duties, lease renewals, and ending agreements.

Types of Agreements

• Fixed-term leases: Set for a defined period (e.g., 12 months). Ends on the expiry date unless renewed.
• Periodic leases: Renew automatically—usually month-to-month—unless a party gives proper notice.
• Verbal vs. written: Written agreements are highly recommended, but even verbal arrangements are covered by law.

Security Deposits

Landlords in New Brunswick may request a security deposit—often called a "damage deposit"—but it can't exceed one month's rent. You'll get a receipt and the deposit must be placed in trust.

Want to know more? Visit Understanding Rental Deposits: What Tenants Need to Know for detailed guidance on deposits.

Key Lease Terms to Review

• Monthly rent amount and payment due date
• Maintenance and repair responsibilities
• Rules about guests, pets, and subletting
• Procedures for rent increases
• How the agreement can be ended by either party

After you sign the agreement, review your rights and what steps to take next in What Tenants Need to Know After Signing the Rental Agreement.

What to Do After Signing Your Lease

Once your agreement is signed, both tenants and landlords must follow the rules set out in the lease and New Brunswick law. Always keep a copy of your lease and any deposit receipts.

• Pay rent on time every month
• Report any repairs needed to your landlord in writing
• Read about obligations in Obligations of Landlords and Tenants: Rights and Responsibilities Explained
• Document the condition of the unit when moving in—photos are helpful!

Common Lease Issues for New Brunswick Tenants

• Rent Increases: New Brunswick does not have rent control, but landlords must provide at least three months’ written notice before increasing rent.
• Early Termination: Tenants need to give written notice if they wish to end a monthly tenancy (typically one month's notice). For fixed-term leases, ending early may require landlord consent or valid legal grounds.
• Maintenance and Repairs: Landlords are responsible for keeping the property in a good state of repair. Tenants must keep the rental clean and report problems promptly.
• Lease Renewals: If a fixed-term lease expires, it automatically converts to a month-to-month tenancy unless a new contract is signed or valid notice is provided.
• Deposits: Security/damage deposits are regulated and must be returned, with interest, at the end of tenancy if no damage has occurred, excluding normal wear and tear.

If your landlord is not meeting their responsibilities, communicate in writing first. Save all correspondence to support your position if a dispute arises.

Essential Forms for Tenants in New Brunswick

• Form 1: Application for Assistance
  • Use: To apply for help from the Rentalsman (the provincial tenancy office) for various issues, including repairs, security deposit return, or dispute resolution.
  • How to use it: Fill out and submit this form if you can't resolve a dispute directly with your landlord. Example: If your deposit isn't returned after you move out, use Form 1 to formally request assistance.
  • Download Form 1: Application for Assistance (PDF)
• Notice to Quit (Form 9A or 9B)
  • Use: To end a tenancy. 9A is for tenant notice, 9B for landlord notice.
  • Example: Use 9A if you, as a tenant, wish to provide your landlord with proper written notice to end your lease.
  • Download Form 9A: Notice to Quit by Tenant
  • Download Form 9B: Notice to Quit by Landlord

Always keep copies for your records and submit forms to the Office of the Rentalsman if required.

Where to Resolve Lease Disputes

The official tribunal for tenancy matters in New Brunswick is the Office of the Rentalsman (Service New Brunswick)^[2]. They handle issues such as:

• Disputes over deposits and rent
• Eviction notices
• Maintenance and repair disagreements
• Lease terminations and renewals

Submit the relevant form and supporting documents if your landlord or property manager does not resolve the problem directly.

Know Your Rights: Legislation and More Resources

For full legal protections and definitions, review the Residential Tenancies Act of New Brunswick^[1]. You can also find a helpful overview at Tenant Rights and Landlord Rights in New Brunswick for quick facts and contacts.

To explore housing options or look for your next home, Find rental homes across Canada on Houseme with helpful map search and up-to-date listings.

1. What information must be in a legal lease in New Brunswick?
   A valid lease should clearly state rent, payment schedule, address, parties involved, and key responsibilities. Both tenant and landlord must sign any written agreement for it to be enforceable.
2. How much notice must I give to end my tenancy?
   If you're on a month-to-month lease, you must give at least one month's written notice before the date you intend to leave. For fixed-term leases, you usually must wait until the term ends unless your landlord agrees otherwise.
3. Can my landlord increase my rent at any time?
   No. In New Brunswick, landlords must give tenants at least three months’ written notice before increasing the rent.
4. What should I do if my landlord will not return my deposit?
   Write to your landlord requesting the deposit. If they refuse, submit Form 1 to the Office of the Rentalsman for assistance.
5. Where can I go if I have a dispute over my lease or rights?
   The Office of the Rentalsman resolves most rental disputes in New Brunswick and can provide information or step in if needed.

1. How do I give proper notice to end my tenancy?
   Download and complete Form 9A: Notice to Quit by Tenant, then give it to your landlord in person or by mail. Keep proof of delivery.
2. How do I apply for help if my landlord does not return my security deposit?
   Use Form 1: Application for Assistance and submit it to the Office of the Rentalsman.
3. How can I dispute a rent increase?
   Verify your landlord’s notice is legal. If you think the increase is unfair or didn’t get enough notice, apply to the Office of the Rentalsman for review.

Key Takeaways for New Brunswick Tenants

• Always get agreements in writing and keep your own records.
• Know your rights under the Residential Tenancies Act, especially about deposits and notices.
• Reach out to the Rentalsman with any unresolved lease issues.

Understanding lease basics helps you protect your rights and enjoy your home with greater peace of mind.

Need Help? Resources for Tenants

• Office of the Rentalsman (Service New Brunswick) – Information, forms, support, and dispute resolution
• Residential Tenancies Act (New Brunswick)
• Tenant Rights and Landlord Rights in New Brunswick

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

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