Tenant Rights During Building Renovations in New Brunswick

If you’re renting a home or apartment in New Brunswick and your landlord plans building renovations, it’s important to understand your rights and responsibilities. Renovations can improve the property, but as a tenant, you have legal protections to ensure a safe and fair process. This guide explains what notice you should receive, how your daily life may be affected, safety provisions, possible rent changes, and where to get support if your rights are at risk.

Who Oversees Tenant Protections in New Brunswick?

Residential tenancy matters in New Brunswick are overseen by the Residential Tenancies Tribunal of New Brunswick. They administer the Residential Tenancies Act^[1], which sets out your rights during renovations and repairs.

Your Right to Notice Before Renovations

Landlords must provide proper written notice if they need to access your rental unit for renovations or repairs that aren’t urgent:

• Minimum notice: At least 24 hours written notice to enter for non-emergency renovations
• Timing: Access must be between 8 a.m. and 8 p.m. unless you agree otherwise
• Details: The notice should state the date, time, reason, and expected duration

This applies to most renovations, but emergency repairs (like if a pipe bursts) may require immediate access. For more about landlord and tenant responsibilities, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Major Renovations: Can You Be Asked to Move?

If renovations require you to move out, your landlord must follow additional rules:

• Your tenancy cannot be ended solely for renovations unless the work truly requires your unit to be vacant (e.g., full gutting, structural changes)
• The landlord must issue an official Notice to Vacate (see below), citing the reason and following the required notice periods
• If your tenancy ends for renovations, you may get the first right to move back in when the work is done ("right of first refusal" is not legally mandated, but you can ask for this in writing)

Official Forms: Notice to Vacate for Renovations

• Form 11: Notice to Terminate a Tenancy
  • When to use: If your landlord requires you to leave for extensive renovations that cannot be done with you in place.
  • How to use: Your landlord must provide Form 11 and meet proper notice periods (minimum 3 months for standard leases).
  • View Form 11 (Notice to Terminate a Tenancy)

If you believe the notice is unjust, you can challenge it by applying to the tribunal for review.

What About Partial Renovations or Repairs?

Most renovations are done with tenants in place. In these cases, your landlord still must:

• Limit disruptions to reasonable working hours
• Restore utilities promptly if interrupted
• Ensure you continue to have basic services (heat, water, electricity)
• Maintain a safe and healthy living environment

If renovation work threatens your well-being or damages your property, report this to your landlord and the tribunal right away. For more on safe living conditions, visit Health and Safety Issues Every Tenant Should Know When Renting.

Rent, Compensation, and Tenant Protections

• Rent: Your landlord cannot increase your rent during your fixed-term lease because of renovations. For information about legal rent changes, see Understanding Rent Increases: What Tenants Need to Know.
• Compensation: New Brunswick law does not require landlords to pay compensation if you’re displaced by renovations, but you may be able to negotiate moving expenses or a rent abatement, especially if the disruption is major.
• Return of Deposit: If your lease ends because of renovation, you are entitled to your security deposit back (minus any allowed deductions) when you move out.

Summary: Renovations cannot be used to force you out unfairly, and you keep key protections throughout the process.

Your Safety During Renovations

Landlords must take reasonable steps to protect your safety during work:

• Keep common areas clear of debris and hazards
• Post warning signs about dangerous areas or materials
• Restore essential services each day
• Ensure contractors respect your privacy and belongings

For additional details about rights in your province, read Tenant Rights and Landlord Rights in New Brunswick.

Looking for a new place while your current rental is being renovated? Find rental homes across Canada on Houseme for a stress-free search.

FAQ: Tenant Renovation Rights in New Brunswick

1. Do I have to move out for renovations?
   If only minor renovations or repairs are needed, you do not have to move out. You can only be asked to leave if the renovations truly require your unit to be vacant, and the landlord must give you official written notice and proper time to leave.
2. What notice must my landlord provide before entering my unit for renovations?
   Your landlord must give at least 24 hours written notice for non-urgent work, and access must be between 8 a.m. and 8 p.m. unless you agree to another time.
3. Can my rent go up because of renovations?
   No, your rent cannot be increased during a fixed-term lease simply because of renovations. If you sign a new lease after major work is done, any new rent amount must comply with provincial regulations.
4. What can I do if the renovation work makes my home unsafe?
   Contact your landlord immediately and file a complaint with the Residential Tenancies Tribunal if hazards are not promptly addressed.
5. Is the landlord required to compensate me if I'm displaced?
   There is no legal requirement for compensation, but you may be able to negotiate moving or hotel costs if your home is uninhabitable during the renovation.

Conclusion: Key Takeaways

• You have a right to reasonable notice and safe living conditions during renovations.
• Landlords must follow specific legal steps before requiring you to move out for major work.
• Never accept unsafe conditions—report hazards and assert your rights if necessary.

By understanding your rights, you can navigate renovations with more confidence and less stress.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: File complaints, ask questions, and access forms.
• Residential Tenancies Act: New Brunswick’s official tenancy legislation.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Free legal information for tenants.

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1. Residential Tenancies Act (New Brunswick)

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