Student Housing Lease Rules in New Brunswick: Your Rights
If you’re a student renting in New Brunswick, understanding how student housing leases work is essential. Compared to standard rentals, student leases may have different rules around lease terms, deposits, and ending a tenancy. This guide, tailored for New Brunswick student tenants, explains your rights, how to protect yourself, and the official steps involved—no legal jargon required.
Which Laws Apply to Student Housing in New Brunswick?
Student leases in New Brunswick fall under the Residential Tenancies Act of New Brunswick. Both traditional apartments and university residence-style accommodations are generally covered, but some school-run residences have their own policies. Always check if your lease is governed by the Act or if the school uses separate agreements.
For an overview of tenant protections and rules, see Tenant Rights and Landlord Rights in New Brunswick.
Key Differences: Student Leases vs. Standard Rentals
- Fixed-Term Leases: Most student rentals use leases that match the academic year (September–April or 8–12 months). These are legally binding for the full term.
- Deposits and Fees: Security deposits cannot exceed one month’s rent and must be held in trust by the landlord. Non-refundable fees (other than legitimate deposits) are not allowed.
- Ending Your Lease Early: Leaving before your lease expires—such as dropping out or failing a course—does not automatically end your lease obligations.
- Shared Housing: If you share with roommates, you may be "jointly and severally liable", meaning if one person leaves, the others might still be responsible for full rent.
Student rental units must still meet all basic habitability and safety standards outlined in the Act. If you face maintenance or health concerns, visit Health and Safety Issues Every Tenant Should Know When Renting.
Common Issues for Student Tenants
It's common for students to face challenges such as unclear damages, difficulties getting deposits back, or misunderstandings about moving out. New Brunswick law protects student tenants in these situations.
- Landlords cannot force students to move out before their lease ends (unless you break rules outlined in the Act).
- Landlords must provide written notice using the correct forms if ending your tenancy for any legal reason.
- Security deposits must be returned with interest, minus reasonable deductions for damages, within 7 days of lease end and key return.
Moving In and Moving Out: What Students Need to Know
Before moving in, complete a move-in inspection with your landlord and keep a record (photos and checklist recommended). At lease end, you are entitled to a move-out inspection and the return of your deposit.
For practical tips, see Essential Tips for Tenants When Moving Into a New Rental Home.
Key Forms and How to Use Them
- Form 6 – Notice to Quit by Tenant: Used when a tenant wishes to end a periodic (month-to-month) tenancy or a fixed-term tenancy if allowed by agreement.
Example: You’re a student on a month-to-month lease and want to leave in August; complete and submit this form to your landlord with the required notice period.
Download from the New Brunswick Service Forms. - Form 12 – Application for Assistance: Use this form to apply to the Office of the Residential Tenancies Tribunal (Rental Office) if there’s a dispute, such as a withheld deposit.
Example: You move out but your landlord does not return your security deposit within 7 days—fill out Form 12 to ask for help.
Accessible on the Service New Brunswick website.
Dealing with Problems: Repairs, Safety, and Complaints
Landlords must maintain rental properties in safe and habitable condition. Report repairs in writing and keep copies. If issues are not fixed, apply to the Residential Tenancies Tribunal for help, using the forms above.
Tip: Always communicate in writing and keep clear records—including move-in/move-out inspections and emails—just in case of a dispute.
Frequently Asked Questions About Student Housing Leases
- Can I end my student lease early if I graduate or leave school?
Usually, you must complete the fixed-term lease unless your landlord agrees or you use an early termination clause in your contract. - Do I get my deposit back after moving out of student housing?
Yes, your security deposit must be returned with any interest owed, minus damages, within 7 days after you move out and hand in your keys. - Are routine inspections allowed during my student tenancy?
Yes, but landlords must give 24 hours’ written notice. Inspections can’t be excessive or disrupt your studies. - What if my landlord refuses to fix something in my student apartment?
Put your request in writing. If there’s no action, you can file a complaint with the Residential Tenancies Tribunal using Form 12. - Can my landlord evict me before the school year ends?
Only for legal reasons (unpaid rent, serious rule violations), and only after following the proper written notice process outlined in the Act.
Key Takeaways for Student Renters in New Brunswick
- Read your lease carefully—most student leases are fixed-term and binding.
- Keep copies of all documents, forms, and communications.
- Use official forms when ending your lease or making a complaint.
- Know your rights under the Residential Tenancies Act and seek help from the Tribunal if needed.
For nationwide rental searches, Find rental homes across Canada on Houseme and make moving for school a bit easier.
Need Help? Resources for Tenants
- Office of the Residential Tenancies Tribunal (NB Rental Office): Main government resource for tenant/landlord disputes, forms, and information.
- Tenant Advocacy: Student unions at UNB, St. Thomas University, and other local institutions may offer support and advice.
- Emergency Housing: Contact campus housing services or Service New Brunswick for urgent accommodation needs.
- Provincial Fact Sheet: Tenant Rights and Landlord Rights in New Brunswick
- Residential Tenancies Act of New Brunswick: See full text
- Residential Tenancies Tribunal (Rental Office): Official site
- New Brunswick Service Forms: Form 6 - Notice to Quit, Form 12 - Application for Assistance
Categories
Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & TenancyRelated Articles
- Special Tenancy Situations Checklist for New Brunswick Tenants · July 01, 2025 July 01, 2025
- Avoiding Common Mistakes with Special Tenancy Situations in New Brunswick · July 01, 2025 July 01, 2025
- Step-by-Step Help with Special Tenancy Situations in New Brunswick · July 01, 2025 July 01, 2025
- Special Tenancy Situations in New Brunswick · July 01, 2025 July 01, 2025
- Legal Support for Tenancy Disputes in New Brunswick · July 01, 2025 July 01, 2025
- Special Tenancy Situations in New Brunswick · July 01, 2025 July 01, 2025
- New Brunswick Tenant Rights: Special Tenancy Situations · July 01, 2025 July 01, 2025
- Understanding Special Tenancy Situations in New Brunswick · July 01, 2025 July 01, 2025
- FAQ on Special Tenancy Situations in New Brunswick · July 01, 2025 July 01, 2025
- Navigating Special Tenancy Situations in NB · July 01, 2025 July 01, 2025