Tenant Rights When Your Landlord Sells in New Brunswick

When a landlord decides to sell their property in New Brunswick, tenants often worry about their rights and how a sale might affect their rental arrangement. This article guides you through your legal protections, what to expect during a sale, and the important steps you should take as a New Brunswick tenant.

Key Facts: Landlord Selling Their Property During a Tenancy

In New Brunswick, the sale of a rental property does not automatically end your tenancy. The standard lease continues, and the new owner typically becomes your landlord under the same rental agreement terms.

• The buyer takes over the existing lease, unless proper notice is given.
• Eviction is only possible for specific legal reasons and with appropriate notice.
• Your security deposit transfers to the new owner.

For a detailed overview of legal protections, see Tenant Rights and Landlord Rights in New Brunswick.

Notice Requirements and Tenant Options

Even if your landlord sells their property, your rights remain protected under the Residential Tenancies Act of New Brunswick^[1]. Here’s how the process works:

• Notice to End Tenancy: The only way a buyer can legally require you to move is if they or their immediate family wish to occupy the unit themselves. In this case, you must receive an official written notice (Form 10 - Notice of Termination of Tenancy by Purchaser for Personal Use).
• Notice Period: The required notice is at least two (2) months before the end of the rental period for month-to-month tenants. For fixed-term leases, you cannot be required to move out before the lease ends unless you agree.
• The notice must be properly completed, served, and meet all legal requirements.

What is Form 10?

Form 10 – Notice of Termination of Tenancy by Purchaser for Personal Use is the official form used in New Brunswick. The new owner (or their agent) uses it if they require the tenant to leave so they or an immediate family member can move in.

• When to Use: Only if the purchaser intends to occupy the premises as their primary residence (or for an immediate family member) after the sale.
• Access Form 10 (official source)
• Example: If your landlord sells, and the buyer provides you with Form 10 in May, stating they will move in themselves, you can stay until at least the end of July if you pay rent monthly.

What to Expect During Showings and Inspections

During the sale process, your landlord or real estate agent may need to show your unit to prospective buyers. You have certain rights:

• You must receive at least 24 hours’ written notice before any showing or inspection.
• Showings must take place between 8 a.m. and 8 p.m., unless you agree otherwise.

If you have concerns, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more on access and privacy rights.

What Happens to Your Security Deposit?

When the property is sold, your deposit stays protected:

• Your security deposit is transferred to the new owner, who must keep it according to New Brunswick law.
• You are entitled to a receipt from the new landlord for the transferred deposit.

To learn more about deposit rules and returns, see Understanding Rental Deposits: What Tenants Need to Know.

Key Protections Under New Brunswick Law

• The new owner cannot raise your rent or alter your lease outside of normal provincial rules.
• You cannot be evicted solely because the building has been sold unless the new owner plans to move in and gives proper notice with Form 10.
• For any issues, you can contact the Residential Tenancies Tribunal for help (see resources below).

Summary: As long as you meet your obligations, you have the right to stay until your lease ends or legal notice takes effect.

Taking Action: What To Do When Informed of a Sale

• Ask your landlord for confirmation of the sale and expected timelines.
• Keep copies of all notices and communications.
• If you receive Form 10, check the dates carefully and contact the Residential Tenancies Tribunal if you have concerns or believe the notice is improper.
• If you decide to move, consider giving the proper notice as per your lease agreement and provincial law.

For helpful checklists on preparing for a move, view Essential Tips for Tenants When Moving Into a New Rental Home.

Looking for a new place in case you need to move? Find rental homes across Canada on Houseme and compare available listings easily.

FAQ: Landlord Selling Rental Property in New Brunswick

1. Can a new owner ask me to leave after buying the property?
   Only if the buyer or their immediate family plans to move in, and they must use Form 10 to give you at least two months' official notice before the end of your rental period.
2. Does my lease automatically end when the property sells?
   No. The lease remains in effect with the same terms under the new owner unless legal notice is properly served.
3. What happens to my security deposit if the building is sold?
   Your deposit is transferred to the new landlord, who is responsible for returning it to you at the end of the tenancy under New Brunswick law.
4. Do I have to allow showings when my landlord is selling?
   Yes, but you must receive at least 24 hours’ written notice, and showings must be during reasonable hours.
5. Can the new owner increase my rent after buying the building?
   No, rent increases must follow standard New Brunswick rules and proper notice requirements.

Conclusion: Key Takeaways

• In New Brunswick, selling rental property does not end a lease; tenants' rights remain protected.
• Tenants can only be asked to leave if the new owner (or immediate family) is moving in, using the required form and notice period.
• Security deposits and lease terms carry over to the new landlord.

Always keep records, know your notice periods, and seek support if needed.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick — For disputes, forms, and rules
• Service New Brunswick – Rentals — Official forms and tenant information
• Review your legal protections at Tenant Rights and Landlord Rights in New Brunswick

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1. Residential Tenancies Act of New Brunswick, Government of New Brunswick
2. Residential Tenancies Tribunal of New Brunswick
3. Form 10 – Notice of Termination of Tenancy by Purchaser for Personal Use (PDF)

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