Short-Term vs Long-Term Rentals in New Brunswick: Legal Differences

Choosing between a short-term rental and a long-term tenancy in New Brunswick can have a big impact on your rights as a tenant. Knowing the legal differences, the protections available to you, and what rules apply is key before signing any rental agreement. This article explains how the laws in New Brunswick treat each rental type, which provincial rules you need to know, and how tenants can protect themselves—as well as what to do if problems arise.

Understanding Short-Term vs Long-Term Rentals

In New Brunswick, residential tenancies are mostly governed by the Residential Tenancies Act^[1]. However, not all rental agreements fall under this law.

• Short-term rentals usually last for less than 30 consecutive days. Examples include Airbnb, vacation homes, and furnished suites for short stays. These are often considered "temporary accommodations."
• Long-term tenancies generally refer to rentals where the tenant stays for at least one month, often with a fixed-term or month-to-month lease.

Short-term rentals often do not have the same legal protections as long-term tenancies in New Brunswick. Short-term guests are not always viewed as tenants, meaning the Act’s rules about eviction, rent, and deposits may not apply.

When Does the Law Apply?

The key distinction is whether the agreement is for a “residential tenancy” as defined in the Act. If you have exclusive possession of the premises, pay rent, and the rental is your primary residence, you are likely covered. But for temporary or vacation rentals, your agreement could be excluded from the Act, meaning fewer rights—and fewer remedies if something goes wrong.

Rights and Responsibilities Compared

Here’s how short-term and long-term rental rules differ for tenants in New Brunswick:

• Deposits: Long-term tenants can only be charged a security deposit up to one month's rent, and it must be held in trust by the landlord^[1]. For short-term rentals, any deposit is a matter of contract and not regulated by the Act. For more details, see Understanding Rental Deposits: What Tenants Need to Know.
• Notice requirements: Long-term tenancies have clear rules about ending rental agreements. For example, tenants must give written notice to terminate, and landlords can only evict for legal reasons. For short-term rentals, your agreement ends at the end of the booked period, and landlords may ask you to leave at any time—unless otherwise stated in your agreement.
• Rent increases: Rules for increasing rent and required notice periods only apply to long-term tenancies. Short-term rental prices can change at each booking.
• Repairs and maintenance: Landlords in long-term tenancies have a legal duty to keep the unit safe and in good repair. In short-term rentals, maintenance obligations are less clearly regulated.

If you are unsure whether your rental is considered short-term or long-term under the law, contact the New Brunswick Residential Tenancies Tribunal for advice before signing an agreement.

Forms and Official Steps for New Brunswick Tenants

Long-term tenants in New Brunswick have access to official forms provided by the Residential Tenancies Tribunal:

• Notice of Termination (Form 6): Used by tenants or landlords to officially end a long-term tenancy. For example, if you have a month-to-month lease and wish to move out, you must serve this form to your landlord. Access Form 6 and other tenancy forms at Service New Brunswick.
• Application for Assistance (Form 15): Tenants facing disputes during a long-term tenancy—such as deposit issues or a landlord refusing repairs—can apply to the Tribunal using this form. Download Form 15 here.

No official forms exist for short-term guests, as their issues are considered contract disputes rather than residential tenancy disputes.

Who Handles Rental Disputes?

For long-term rentals, the Residential Tenancies Tribunal is the official provincial body that supports tenants and landlords in New Brunswick. Disputes about short-term rentals may have to go to small claims court instead, as the Tribunal may not have jurisdiction.

What Every Tenant Should Know

Before choosing a rental type, consider:

• Whether the accommodation falls under the Residential Tenancies Act (ask your landlord for clarity).
• If your primary residence is at stake, you are likely protected by provincial tenancy law.
• Short-term rental issues are usually resolved using contract law, not tenancy law, and may not have set standards for repairs, deposits, or notice periods.

If you’re moving into a long-term unit, read Essential Tips for Tenants When Moving Into a New Rental Home for more practical guidance.

For information specific to New Brunswick—including rent increases, maintenance, and tenant protections—see Tenant Rights and Landlord Rights in New Brunswick.

Want to compare rentals or switch to a different city? Browse apartments for rent in Canada to discover options from coast to coast.

FAQ: Common Tenant Questions

1. Are Airbnb or vacation rentals in New Brunswick covered by tenancy law? Generally, no. Most vacation or short-term rentals are not covered by the New Brunswick Residential Tenancies Act and do not have the same protections. Always ask your host or check your agreement.
2. How much notice do I need to end my long-term lease? For month-to-month rentals, you must give at least one month's written notice using the correct form. For fixed-term leases, you usually stay until the end date unless both parties agree otherwise.
3. Can a landlord raise rent at any time in a short-term rental? Yes, short-term rental pricing is not regulated by tenancy law, so rent can change at each booking. Long-term tenancies require a minimum three-month notice for rent increases after the first year.
4. Who do I contact if there is a dispute with my landlord? For long-term tenancy disputes, contact the Residential Tenancies Tribunal. For short-term rentals, contact your rental platform or consider Small Claims Court.
5. Is my security deposit protected in a short-term rental? No, security deposits for short-term stays are only protected by your agreement or platform policy—not by provincial law.

Conclusion: Key Takeaways

• Long-term tenancies in New Brunswick offer far more legal protection for tenants than short-term rentals.
• Know which law applies to your agreement before you move in.
• Use official forms for any notices or complaints involving long-term leases, but understand that short-term guests rely mostly on contractual rights and platform policies.

If you’re unsure about your rental status or need help with an issue, reach out to provincial resources before taking any action.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (NB) – Forms and Information
• Service New Brunswick Tenancy Line: 1-888-762-8600
• Public Legal Education and Information Service of New Brunswick: Tenant Support

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1. Residential Tenancies Act (New Brunswick)

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