Penalties and Exceptions for Moving Out Early in New Brunswick

If you’re renting in New Brunswick, life changes might mean you need to leave your rental before your lease ends. Whether you’re facing discrimination, accessibility concerns, or personal emergencies, understanding the rules for moving out early will help you avoid unexpected penalties and find practical solutions. This guide breaks down your rights, penalties, and the few exceptions allowing tenants to end a lease early without major consequences under New Brunswick law.

When Can Tenants End a Lease Early in New Brunswick?

Leases in New Brunswick are legally binding. If you want to move out before your term is up, you generally need to provide proper notice and, in most cases, keep paying rent until your lease ends or a replacement tenant is found.

• Fixed-term leases: You're responsible for rent until the lease date ends, unless one of the exceptions below applies.
• Month-to-month leases: You can end your tenancy by giving at least one full month's written notice before the end of a rental period.

For a closer look at tenant and landlord rights, see Tenant Rights and Landlord Rights in New Brunswick.

General Penalties for Moving Out Early

If you break a lease early without a legal reason or proper notice, you may be responsible for:

• Paying rent until the end of the lease or until a new tenant is found
• Forfeiting your security deposit
• Possible legal claims by your landlord for additional costs

If you hope to get your security deposit back, ensure the unit is left in good condition and follow proper notice rules. For details about deposits, explore Understanding Rental Deposits: What Tenants Need to Know.

Exceptions: When Can You Move Out Early Without Penalty?

In some cases, tenants have the legal right to end a lease before the end date with minimized or no penalty. These exceptions are defined under the Residential Tenancies Act (New Brunswick)¹. Common exceptions include:

• Family violence or abuse: Special forms and processes allow victims to end a lease early for safety reasons.
• Medical reasons and accessibility: If the rental no longer meets your medical or accessibility needs, you might be able to apply to end your lease early.
• Discrimination or unsafe living conditions: If serious discrimination or unresolved health and safety hazards occur, you may be eligible for early lease termination.

Official Forms: Notice to Vacate Early

The main form tenants must use is the Notice of Termination form. Here’s how to use it:

• Notice of Termination (Form 7): Used to give official written notice to your landlord to end your tenancy. You can access it on the Service New Brunswick Rental Forms page.

For situations involving family violence, an additional statement or supporting documents may be needed. If uncertain, contact Service New Brunswick's Residential Tenancies Tribunal for guidance.

Step-by-Step: What to Do If You Need to Break Your Lease Early

• Check your lease and review the Residential Tenancies Act for your rights and responsibilities
• Discuss the situation with your landlord—many are willing to work with you if you help find a new tenant
• Complete the correct Notice of Termination form (Form 7) and deliver it with proper notice
• If an exception applies (e.g., safety or health reasons), gather supporting documents like a medical letter or police report
• Keep records of all correspondence and forms submitted

What If the Landlord Refuses?

If your landlord disagrees or claims you’re still responsible for rent or damages, you can apply to the Residential Tenancies Tribunal of New Brunswick for dispute resolution.

If you’re navigating an early move, find new accommodation easily: Find rental homes across Canada on Houseme.

Related Guides and Resources

• Learn more about your options: What to Do If You Need to Leave Your Rental Before the Lease Expires
• Tips for a smooth rental exit: Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit

FAQ: Early Lease Termination in New Brunswick

1. Can I break my lease early if I find someone to take over the unit?
   Yes, but you should notify your landlord and arrange for them to approve the new tenant. You are still responsible for the lease until the new tenant officially takes over.
2. What notice do I need to give to end a month-to-month lease?
   At least one full month's written notice must be given before the end of a rental period, using Form 7.
3. Are there penalties for leaving because of unsafe living conditions?
   If you have documented serious safety or health hazards that your landlord refuses to fix, you may be able to end your lease early with minimal penalty.
4. What if my landlord tries to keep my security deposit?
   Landlords can only keep your deposit for unpaid rent or damages. If you’ve followed the law and left the unit in good condition, you’re entitled to get it back with interest.
5. Can I break my lease because of discrimination or accessibility needs?
   Yes. A tenant experiencing discrimination or whose accessibility needs are unmet may apply to the tribunal and present evidence. Seek legal advice or advocacy support for your case.

Conclusion: Key Takeaways

• Breaking a lease early in New Brunswick can lead to penalties unless you fit within specific legal exceptions.
• Always use the official Notice of Termination (Form 7) and communicate clearly with your landlord.
• Support is available via the Residential Tenancies Tribunal if disputes arise or in special circumstances like family violence or health and safety risks.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Advice, forms, applications, and dispute resolution
• Service New Brunswick Rental Forms: Official Notice of Termination (Form 7)
• New Brunswick Human Rights Commission: Report discrimination or ask about accessibility rights
• For legal questions: Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – plain-language guides and contact help

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1. Residential Tenancies Act of New Brunswick (current text)

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