Tenant Options When Landlord Possession Is Delayed in New Brunswick

Moving into a new rental home is an exciting milestone, but sometimes things don't go as planned. If you're a tenant in New Brunswick and your landlord is delaying possession—meaning you can't move in on the agreed date—it's important to know your rights and your options for resolving the issue under provincial law.

Understanding Delayed Possession: What Does It Mean?

Delayed possession occurs when a landlord fails to provide the tenant access to the rental unit on the move-in date stated in the lease. This can be caused by prior tenants not vacating, ongoing repairs, or other landlord-related issues. In New Brunswick, the rights and responsibilities for both parties are set out in the Residential Tenancies Act^[1].

Your Basic Rights as a Tenant

Tenants have a legal right to take possession of the unit on the start date in their signed lease, as long as all terms (like deposit payment) have been met. If your landlord is causing delays, you do not have to accept the situation without recourse. For a detailed overview of provincial rules, visit Tenant Rights and Landlord Rights in New Brunswick.

Immediate Steps to Take If Possession Is Delayed

If you arrive to move in and the rental unit isn’t available, consider these steps:

• Contact your landlord to confirm the reason for the delay and how soon the unit will be available.
• Document all communications in writing (keep emails or written notes of conversations).
• Consider temporary alternative accommodation if needed.
• Review your signed lease for terms related to possession dates and remedies.

Understanding Compensation and Lease Cancellation

In some cases, you may be entitled to compensation for extra expenses (e.g., hotels, storage) or even to cancel your lease without penalty if possession is significantly delayed.

Filing a Complaint with the Residential Tenancies Tribunal

New Brunswick tenants must go through the Residential Tenancies Tribunal for formal complaints. This is the official body handling rental disputes in the province.

Key Form: Application to the Residential Tenancies Tribunal

• Form Name: Application – Residential Tenancy Tribunal (Form: Application/Complaint for a Residential Tenancy; see official site)
• When/how used: File this if the landlord does not provide possession as agreed, to seek early lease termination or compensation. Fill in the application with evidence (copy of lease, written communications, receipts), and submit it to the Tribunal (online/by mail/in person).
• For further instructions and forms: New Brunswick Residential Tenancies Tribunal Forms

Action Steps for Tenants

• Gather your lease, proof of payment, and any written communication regarding the move-in delay.
• Complete the Tribunal’s complaint form as soon as it’s clear the landlord can’t deliver possession promptly.
• Include any proof of extra costs or inconvenience (hotel receipts, storage, etc.).
• Submit your application and keep a copy for your records. The Tribunal will review and may schedule a hearing or mediation.

Important Considerations: Deposits and Inspections

When possession is delayed, questions about your deposit may arise. For more on your rights with deposits, see Understanding Rental Deposits: What Tenants Need to Know.

Once possession is obtained, always complete a move-in inspection and document the unit's state. Learn more with Guide to the Initial Rental Property Inspection for Tenants.

Prevention: Setting Yourself Up for a Smooth Move-In

To reduce risks when moving in:

• Insist on a clear, signed lease with the exact possession date
• Confirm with the landlord in writing a few days before move-in
• Document the property’s status with photos/videos

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FAQ: Tenant Concerns About Move-In Delays

1. What happens if my landlord can't provide the apartment on my move-in date?
   If the landlord fails to provide possession as agreed in New Brunswick, you can apply to the Residential Tenancies Tribunal to cancel the lease and/or seek compensation for costs.
2. Can I get my deposit back if I never move in?
   Yes. If the tenancy never starts due to delayed possession, you are generally entitled to a full deposit refund. File a complaint if necessary and keep proof of payment.
3. How quickly will the Tribunal resolve my complaint?
   Processing times vary, but urgent possession issues are usually prioritized. Timely filing and complete documentation help speed the process.
4. Does the landlord have to pay for my hotel or storage costs?
   Payouts for extra expenses are not automatic but may be awarded if the landlord is held responsible for the delay. Include receipts in your complaint application.
5. Where can I get help completing forms or understanding my rights?
   Contact Service New Brunswick's Residential Tenancies office for guidance or seek tenant advocacy services listed below.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal (New Brunswick) – dispute resolution, forms, and guidance
• Service New Brunswick Tenant Services: 1-888-762-8600
• Legal Aid New Brunswick: Legal Aid NB
• For general rights and rules: Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Tribunal (New Brunswick) – resources, forms, and dispute resolution
2. Residential Tenancies Act, New Brunswick – full legislation text
3. Official Tribunal Forms (NB) – including the complaint form referenced above

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