Short-Term Rental Subletting: Legal Cases in New Brunswick

Short-term rental subletting, such as listing your unit on Airbnb or similar platforms, has become increasingly common in New Brunswick. But before tenants sublet or operate a short-term rental, it’s crucial to understand the local rules, landlord consent requirements, and legal precedents. Here is what tenants need to know about the laws, government decisions, and practicalities surrounding short-term subletting in New Brunswick.

Legal Framework: Residential Tenancies Act and Official Tribunal

In New Brunswick, tenant and landlord rights—including those connected to subletting—are governed by the Residential Tenancies Act (RTA)[1]. The primary body handling residential tenancy matters, such as disputes over subletting, is the Residential Tenancies Tribunal.

Short-Term Subletting and the Law in New Brunswick

By law, tenants must not sublet, assign, or rent out their rental unit—including for short-term purposes like Airbnb—without the landlord’s written consent. Landlords cannot unreasonably refuse a sublet or assignment request, but some conditions can justify refusal, especially for short-term arrangements which may breach the lease or building rules.

• Subletting: Occurs when a tenant lets another person (subtenant) occupy the rental unit during part of the tenancy term.
• Short-term rentals: Rentals frequently less than 30 days, including platforms like Airbnb or VRBO.

If you proceed with subletting or short-term rentals without permission, the landlord may have grounds for eviction under the RTA.

Key Legal Precedents in New Brunswick

There have been notable cases before the Residential Tenancies Tribunal involving tenants who listed all or part of their rental on short-term platforms. Common findings include:

• Subletting through Airbnb without landlord consent has been held as a violation of lease terms and the law.
• Landlords must show evidence (such as online listings or guest traffic) for enforcement, while tenants can present evidence of landlord’s prior knowledge or alleged consent.

For more on rights and responsibilities after your lease begins, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

How to Seek Landlord Consent for Subletting

Want to sublet for a short period or rent to someone else while away? You must request permission using the Notice of Assignment, Subletting, or Permission to Sublet (Form 2) from the Residential Tenancies Tribunal:

• Form: Notice of Assignment, Subletting, or Permission to Sublet (Form 2)
• Where to get it: Download the official Form 2 here
• How to use it: Complete the form with your information and submit it to your landlord for consent before subletting

Example: If you plan to be out of town and want to list your apartment on Airbnb for one or two weekends, you must first use Form 2 to ask for landlord permission. If they refuse, they must provide a good reason.

Outcomes When Subletting Without Consent

If a landlord discovers unauthorized subletting, such as Airbnb rentals, they may:

• Give notice of lease violation
• Apply to the Residential Tenancies Tribunal for termination of tenancy

Tenants have a right to dispute these actions through the Tribunal. Legal precedent has seen Tribunal members side with landlords where subletting violated clear lease provisions or building rules, especially if it causes disturbance or insurance issues.

What Tenants Should Do Before Short-Term Subletting

Reflect carefully and follow these steps to stay compliant and avoid lease termination:

• Review your lease for any subletting or Airbnb prohibitions
• Read the official Residential Tenancies Tribunal resources
• Use Form 2 to request landlord approval before making any plans
• Keep written documentation of any discussions or permissions granted

If permission is denied, do not proceed—the Tribunal has the authority to order eviction and damages against tenants who breach lease or the RTA.

For more information about tenant and landlord rights in your province, see Tenant Rights and Landlord Rights in New Brunswick.

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FAQ: Short-Term Subletting in New Brunswick

1. Can I sublet my apartment on Airbnb if my lease doesn’t mention it?
   Not without landlord consent. The law requires written permission for any subletting, even if the lease is silent on short-term rentals.
2. What can happen if I sublet without telling my landlord?
   The landlord may start eviction proceedings or file a complaint with the Tribunal for a breach of the Residential Tenancies Act.
3. How do I get official permission to sublet?
   You must fill out the Notice of Assignment, Subletting, or Permission to Sublet (Form 2) and submit it to your landlord for approval.
4. How do I challenge a landlord’s refusal to allow subletting?
   If you believe their refusal is unreasonable, you can file a dispute with the Residential Tenancies Tribunal for a decision.
5. Is the process the same for renting out just a room vs. the whole apartment?
   Yes; landlord consent and use of Form 2 is required in both cases under New Brunswick law.

Conclusion: Key Takeaways

• Tenants in New Brunswick must have landlord's written consent before subletting, including short-term rentals.
• Unauthorized subletting, such as on Airbnb, can result in eviction or other penalties under the Residential Tenancies Act.
• Always use the official Form 2 to seek permission and protect your rights.

Seeking landlord consent and following New Brunswick’s tenancy rules can help ensure a smooth renting experience, whether for short or long-term stays.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – New Brunswick: Guidance, forms, and contact information
• Public Legal Education and Information Service of New Brunswick: Tenant rights publications and support
• Notice of Assignment, Subletting, or Permission to Sublet (Form 2)

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1. [1] Full text: Residential Tenancies Act (New Brunswick)
2. Residential Tenancies Tribunal: Official website

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