Ending a New Brunswick tenancy because of domestic violence
Under section 9.1 of New Brunswick's Residential Tenancies Act, a tenant who is experiencing domestic violence may be able to terminate a tenancy by giving at least one month's notice, even when the agreement is for a fixed term.[1] The protection can apply when the violence is committed by a current or former intimate partner, family member, or another person covered by the legislation. The tenant generally does not have to wait for the lease end date.
The notice period normally runs from the date the notice is properly delivered, not necessarily from the date it is written. Check the official New Brunswick instructions before choosing a termination date, because an incorrect date or missing supporting document can delay the move.
Who may qualify
The law is intended for a tenant who needs to leave because the tenancy or home is unsafe due to domestic violence. You do not need to prove the case in court before giving notice, but you must usually provide the required confirmation from a designated professional. The professional may include a police officer, medical professional, social worker, or another person listed in the provincial rules or government instructions.
Privacy matters. Ask the professional and landlord how information will be handled, and provide only the information required by the official process. If contacting the landlord could increase danger, ask an advocate or support worker to help with delivery.
Documents and notice requirements
- Prepare a written notice that identifies the rental unit, states the intended termination date, and is signed and dated by the tenant.
- Obtain the required certificate or confirmation from a designated professional and keep a secure copy.
- Keep proof of delivery, such as an email record, courier receipt, or witness statement, when it is safe to do so.
- Remove personal documents, medication, identification, keys, and essential belongings before the termination date if possible.
New Brunswick's official residential tenancy guidance explains how tenants give notice and how notices may be served. The province may prescribe a form or provide a recommended notice format, so use the current government instructions rather than relying on an old template. There is not always a separate numbered form for every domestic-violence situation; confirm the current form name and delivery method with Service New Brunswick or the Residential Tenancies Tribunal.
If you are also planning a new rental, What to Do If You Need to Leave Your Rental Before the Lease Expires provides general moving options, while the domestic-violence rules may provide a faster statutory route.
How to protect your safety and privacy
A landlord normally needs enough information to process the termination, but you should not have to disclose your new address to an abusive person. Consider using a trusted mailing address, separate email account, or support agency address where appropriate. Change passwords, review location sharing, and ask the landlord not to release your forwarding address.
If the other person is also named on the lease, get specific advice before leaving. The domestic-violence termination rules may affect the tenancy differently depending on who signed the agreement and whether the person remains in the unit. Do not sign a new agreement, release, or repayment plan under pressure.
Rent, deposits, and the move
Pay rent that is legally owing until the effective termination date unless the landlord agrees otherwise or an official decision changes the obligation. Keep receipts and bank records. For broader information about deposits, see Understanding Rental Deposits: What Tenants Need to Know.
- Ask in writing how the security deposit will be handled and provide a safe address for any permitted correspondence.
- Arrange a safe time to return keys and remove belongings, or ask a support worker to coordinate the exchange.
- Photograph the unit and record the condition when you leave if doing so will not create a safety risk.
- Do not meet the abusive person alone to collect property or complete the move.
For general tenancy-ending steps, read How to Properly End Your Rental Agreement as a Tenant. If the landlord refuses the notice, demands extra rent, threatens an eviction record, or improperly shares confidential information, contact the Residential Tenancies Tribunal or a community legal service promptly.
Getting help in New Brunswick
In an immediate emergency, call 911. For confidential planning, contact a domestic-violence outreach service or transition house. A support worker can help you prepare documents, identify a safe delivery method, arrange transportation, and find temporary housing. You can also Explore Houseme for nationwide rental listings when it is safe to search for another home, but avoid using a shared device or account if it could reveal your location.
The Residential Tenancies Tribunal handles disputes under the provincial residential tenancy legislation. It can provide information about applications, hearings, notices, and landlord-tenant disputes, but it is not an emergency service. Keep deadlines and attend any scheduled hearing unless the Tribunal gives different instructions.
Frequently Asked Questions
- Can a New Brunswick tenant end a fixed-term lease because of domestic violence?
- Often, yes. Section 9.1 of the Residential Tenancies Act may allow a qualifying tenant to end the tenancy with at least one month's notice and the required professional confirmation.
- Does a tenant have to disclose the new address?
- A tenant should ask the landlord or an advocate about safe contact information and generally should not disclose a new address to an abusive person.
- What if the landlord refuses to accept the notice?
- Keep proof of delivery and contact the Residential Tenancies Tribunal or a community legal service for guidance about the notice, evidence, and next steps.
How-To: End a Lease Safely
- Contact a domestic-violence support worker, police officer, medical professional, or other designated professional when it is safe.
- Complete the current New Brunswick tenant termination notice and obtain the required certificate or confirmation.
- Choose a termination date that meets the applicable one-month notice requirement and write it clearly.
- Deliver the notice using a safe permitted method and keep proof that it was delivered.
- Move safely, return keys, protect your forwarding information, and keep records about rent and the deposit.
Help and Support / Resources
- New Brunswick residential tenancy information
- Residential Tenancies Tribunal of New Brunswick
- New Brunswick domestic violence support and resources
- New Brunswick Residential Tenancies Act
