New Brunswick Tenant Move-In/Move-Out Rights Explained
Whether you're moving into a new place or preparing to leave your rental, understanding your rights as a tenant in New Brunswick is essential. Knowing the rules around security deposits, inspection processes, essential forms, and proper notice helps protect you—avoiding disputes and ensuring a smooth transition. This guide covers everything tenants should know when moving in and out in New Brunswick.
Understanding Your Rights When Moving In
Every tenancy in New Brunswick is covered under the Residential Tenancies Act[1]. As a tenant, you have certain rights—and responsibilities—when starting a new rental.
- Landlords can ask for a security deposit—but only up to one month's rent.
- You must receive a written lease or rental agreement outlining rules, rental amount, and any additional terms.
- Always get a receipt for your deposit and rent payments.
If you're new to renting or want more on this topic, see Understanding Rental Deposits: What Tenants Need to Know.
Move-In Inspection in New Brunswick
Unlike some provinces, New Brunswick does not legally require a move-in inspection. However, it is highly recommended that tenants and landlords do a thorough walkthrough and document the condition of the unit at the start. This can help avoid disputes when moving out.
Starting Your Tenancy: Important Forms
- Form 1: Residential Tenancy Agreement
- When to use: At the beginning of every tenancy. This form outlines your rights, rules about the rental unit, the amount of rent, and term details.
- Where to get it: Residential Tenancy Agreement (Form 1) [Government of New Brunswick]
- Form 2: Condition Report (optional but strongly recommended)
- When to use: At move-in, to record the state of your rental. Useful in case of disputes over deposit deductions.
- Where to get it: Condition Report (Form 2) [Government of New Brunswick]
After signing your rental agreement, it's important to understand your ongoing obligations and what to expect next. For further information, check What Tenants Need to Know After Signing the Rental Agreement.
Moving Out: Steps, Notices, and Inspections
Planning ahead makes moving out much easier and helps protect your deposit. In New Brunswick, here's what you need to know:
Giving Proper Notice
- Month-to-Month Lease: You must give at least one full month's written notice before the rent due date (e.g., if rent is due July 1, give notice before June 1).
- Fixed-Term Lease: The tenancy usually ends automatically at the lease's expiry. If renewing or ending early, follow agreement terms or file an application if required.
- Use the official Form 6: Notice of Termination for tenants:
- When to use: To provide legal notice you are ending your tenancy.
- Where to get it: Notice to Terminate Tenancy (Form 6)
Move-Out Inspection and Return of Deposit
After your tenancy ends, your landlord should inspect the unit for damage beyond normal wear and tear. They have 7 days to return your security deposit or give written notice of deductions. If you disagree with a deduction, you may file a dispute with the Residential Tenancies Tribunal.
For extra guidance, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.
Key Residential Tenancies Protections
- Landlords must provide you with an itemized statement if withholdings are made from your deposit.
- Tenants may apply to the Residential Tenancies Tribunal of New Brunswick to resolve disputes over damage or return of deposits.
- Both parties should keep copies of all forms and correspondence.
Staying Healthy and Safe During Move-In/Move-Out
Tenants have the right to a safe, clean, and healthy living environment. If you encounter health or maintenance issues at move-in or move-out, such as pests or major repairs, document the problem and contact your landlord immediately. For common issues, see Health and Safety Issues Every Tenant Should Know When Renting.
Additional Resources for Tenants in New Brunswick
- Tenant Rights and Landlord Rights in New Brunswick – easy-to-read facts for both tenants and landlords
- Looking outside New Brunswick? Explore Houseme for nationwide rental listings.
Frequently Asked Questions
- How much security deposit can a landlord ask for in New Brunswick?
A landlord can request a deposit up to one month's rent, and must provide a receipt. - Do I need to complete a move-in inspection form?
It's not legally required, but using Form 2 (Condition Report) is highly recommended to protect your rights. - How do I give notice to end my tenancy?
You must use Form 6: Notice to Terminate Tenancy and give at least one full month's notice in writing. - When must my landlord return my deposit?
Your landlord has 7 days after your tenancy ends to return your deposit or explain any deductions in writing. - What if I disagree with a deduction from my deposit?
You can file a dispute with the Residential Tenancies Tribunal if you don't agree with your landlord's decision.
How To: Protect Your Rights Moving In and Out
- How do I document the condition of my rental when moving in?
Complete Form 2: Condition Report, take photos, and have your landlord sign off to record the unit's condition. - How do I give proper notice to move out?
Fill out Form 6: Notice to Terminate Tenancy, deliver it to your landlord, and keep a copy for your records. - How do I dispute a withheld deposit?
Gather your evidence and file an application with the Residential Tenancies Tribunal using their official online forms.
Key Takeaways
- Know your rights and obligations when moving in or out.
- Use official forms and documentation to avoid disputes.
- The Residential Tenancies Tribunal is your resource for resolving rental disagreements.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick – Information, dispute resolution, and official forms
- Service New Brunswick Tenants' page: Tenant and Landlord Services
- New Brunswick Tenant Rights Info: Tenant Rights and Landlord Rights in New Brunswick
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