Subletting Fixed-Term Leases During Emergency Situations

If an emergency means you must leave your New Brunswick rental before a fixed-term lease ends, subletting may help you manage rent and preserve your housing options. A sublet usually means another person lives in the unit temporarily while you remain responsible to the landlord under the original lease. New Brunswick tenants should review their rental agreement, communicate promptly, and obtain the landlord's written consent before handing over possession. An emergency does not automatically cancel a fixed-term tenancy, and informal arrangements can leave a renter responsible for unpaid rent, damage, or a breach of the lease. This guide explains practical steps for seeking approval, documenting a sublet, and finding help when an agreement cannot be reached.^[1]

How subletting works in New Brunswick

In a sublet, the original tenant becomes the sublessor and the replacement occupant becomes the subtenant. The original tenant normally remains responsible to the landlord for rent and for complying with the lease. The subtenant's agreement is with the original tenant, not usually directly with the landlord.

Read the lease and any rules about assignment, subletting, occupants, or landlord approval. If the lease is unclear, the Residential Tenancies Act and guidance from New Brunswick's Residential Tenancies Tribunal may be relevant. The legal arrangement should identify the unit, dates, rent, utilities, damage responsibilities, and contact information for everyone involved.

Before making plans, review What Tenants Need to Know After Signing the Rental Agreement so you understand the continuing duties created by the original agreement.

Does an emergency end a fixed-term lease?

Usually, an emergency by itself does not end a fixed-term lease. Examples may include a sudden health crisis, family emergency, unsafe travel conditions, job relocation, or damage that temporarily prevents occupancy. The legal result depends on the facts, the lease, any agreement with the landlord, and special protections that may apply in situations such as family violence.

If the unit is unsafe or cannot reasonably be occupied because of a serious repair problem, notify the landlord quickly and keep records. Do not assume that leaving the unit ends rent obligations. For information about urgent property problems, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.

Requesting permission to sublet

Send a written request as soon as possible. Explain the emergency without sharing unnecessary private information, provide the proposed dates, and identify the person who would occupy the unit. Ask the landlord to respond in writing and request a clear explanation if permission is refused.

• State the proposed sublet dates and confirm that the fixed-term lease remains in place.
• Provide the proposed subtenant's name, contact information, and any information reasonably requested for screening.
• Explain how rent, utilities, deposits, and other payments will be handled.
• Ask for a decision before the proposed move date and allow reasonable time for review.

A landlord may have legitimate concerns about the proposed occupant, but a refusal should not be treated casually. Keep the request, response, and supporting documents. If the landlord agrees, sign a written sublet agreement and attach a copy of the original lease or relevant rules.

Preparing a safe and clear sublet agreement

A sublet agreement should match the original lease and should not promise rights the original tenant does not have. It should state who pays the landlord, who pays the original tenant, whether utilities are included, and what happens if the emergency changes the planned dates.

• Record the start and end dates, key return date, and any approved extension process.
• List rent, utility amounts, payment dates, late-payment arrangements, and any permitted deposit.
• Photograph the unit and its contents at move-in, and create a written condition record.
• Repeat the original lease rules about guests, smoking, pets, damage, noise, and illegal activity.
• Give the subtenant and landlord reliable emergency contact information.

New Brunswick rules about deposits, notices, and ending a tenancy can affect the arrangement. Do not collect or label a payment as a deposit unless it is permitted and properly documented. The original tenant should also avoid charging more than the lawful rent or using the emergency to create unfair terms.

What if the landlord refuses?

Ask the landlord for the reason in writing and compare it with the lease and applicable law. A refusal may be connected to the proposed occupant, the timing, incomplete information, or a legitimate concern about the unit. Respond with relevant information rather than withholding rent or moving someone in without permission.

If you cannot resolve the issue, contact the Residential Tenancies Tribunal or Service New Brunswick for current information about applications, evidence, and deadlines. You can also review What to Do If You Need to Leave Your Rental Before the Lease Expires for other lawful options, such as negotiating an early end to the agreement.

Depending on the facts, possible solutions may include a written agreement to end the lease, an approved assignment or sublet, a payment arrangement, or an application to the appropriate authority. A sublet is different from an assignment: an assignment generally transfers the tenant's interest to a new tenant, while a sublet is usually temporary and leaves the original tenant connected to the lease.

Special concerns during a safety or family emergency

If the emergency involves family violence, threats, or immediate danger, prioritize safety and contact emergency services when necessary. New Brunswick has specific protections and processes that may allow a tenant affected by family violence to end a tenancy or take other steps. Ask the official authority what evidence and notice requirements apply to your circumstances rather than disclosing sensitive details to an unsafe person.

• Contact emergency services or a local crisis service if there is an immediate threat.
• Ask the official tenancy authority which notice or application is appropriate for the situation.
• Store notices, reports, messages, and supporting records somewhere the unsafe person cannot access.

Keeping evidence and managing rent

Continue following the original lease unless you have a written agreement or legal direction that changes it. Keep paying rent as required, or communicate immediately if an emergency affects your ability to pay. Never assume that a subtenant's promise to pay protects you from the landlord's claim under the original lease.

• Keep rent receipts, e-transfers, deposit records, and written payment agreements.
• Save the lease, sublet request, landlord response, inspection photos, messages, and repair records.
• Track all notice and application deadlines in a calendar.
• Arrange key control and confirm who may enter the unit during the sublet.

FAQ

Can I sublet my fixed-term lease because of an emergency?

You may be able to request a sublet, but an emergency does not automatically authorize one or end the lease. Review the lease, seek written landlord consent, and confirm the applicable New Brunswick process.

Does a subtenant become responsible directly to my landlord?

Usually, the original tenant remains responsible under the lease, while the subtenant's agreement is with the original tenant. The documents should clearly explain payment and responsibility arrangements.

What should I do if my landlord refuses permission?

Request the reason in writing, provide any missing information, and contact the Residential Tenancies Tribunal or Service New Brunswick for current guidance about your options.

Can I leave immediately if the rental is unsafe?

Take reasonable steps to protect yourself, notify the landlord, document the condition, and obtain urgent advice. Do not assume that leaving automatically ends rent or lease obligations.

How-To

1. Review the fixed-term lease and identify its subletting, assignment, notice, and occupant requirements.
2. Send the landlord a written request that explains the emergency, proposed dates, and proposed subtenant.
3. Wait for written approval or a clear written response before transferring possession.
4. Inspect the unit, photograph its condition, and sign a detailed sublet agreement.
5. Continue meeting the original rent obligations and keep proof of every payment.
6. Contact the Residential Tenancies Tribunal or Service New Brunswick if the dispute cannot be resolved.

Help and Support / Resources

• New Brunswick Residential Tenancies Tribunal and tenancy information
• New Brunswick rental forms and tenant resources
• New Brunswick victim services and safety support

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1. [1] New Brunswick Residential Tenancies Act
2. [2] New Brunswick Residential Tenancies Tribunal and tenancy guidance
3. [3] New Brunswick rental forms and housing information
4. [4] New Brunswick victim services information

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