Tenant Rights When Your Landlord Sells the Property in New Brunswick
If you’re renting in New Brunswick and hear that your landlord is selling the property, you may feel uncertain about your housing security. The good news: provincial tenancy laws protect renters in many situations when a property changes hands. This guide explains your rights, the notice required, possible reasons you could be asked to move, and the forms landlords must use. We aim to help you feel prepared and confident, whether you want to stay or are planning your next steps.
What Happens If Your Landlord Sells?
When a rental property is sold in New Brunswick, your tenancy does not automatically end. The new owner takes over your lease under the same terms and conditions. You cannot be asked to leave simply because of the sale—unless the new owner has a legal reason under the law.
- Your lease, whether month-to-month or yearly, remains valid.
- The new landlord must honour the terms and rental amount in your agreement.
- You keep all your rights and responsibilities as a tenant.
For more specific details about your rights and responsibilities, see Tenant Rights and Landlord Rights in New Brunswick.
Legal Reasons for Requiring You to Move
A purchaser can only end your tenancy if they or an immediate family member (such as a spouse, parent, or child) plans to move into the unit, or sometimes if the unit is being converted to non-residential use (like demolition or major renovation). The landlord (or new owner) must follow strict legal steps and provide you with written notice.
Required Notice to End Tenancy Because of a Sale
If the new owner wants to end your tenancy so they can move in, they must provide a written Notice to Terminate Tenancy on the correct official form. The notice period is:
- Month-to-month lease: At least 2 months’ written notice
- Fixed-term lease: Notice must be given at least 2 months before the lease ends, and the lease can’t be ended early except for special legal reasons
The notice must specify the reason (e.g., purchaser or family member will occupy the unit), include the date you must move out, and be signed by the landlord or purchaser. If the process isn’t followed correctly, you may have the right to dispute the eviction.
Required Forms and How to Use Them
Any landlord ending a tenancy due to sale and purchaser occupation must use the official form:
-
Notice of Termination of Tenancy by Landlord (Form 11) – This is the form a landlord or new owner must give you if they want to end your tenancy because the new owner or their immediate family member is moving in.
Download Form 11 from the Province of New Brunswick
Example: You receive a signed Form 11 stating you must move out in two months because the new owner’s daughter will be living in your apartment.
If you believe the notice is not valid, or you choose to dispute it, you can apply to the New Brunswick Residential Tenancies Tribunal for a hearing.
Your Security Deposit
Your security deposit must be transferred to the new landlord along with your lease. If you move out, you can apply to have your deposit returned, including any interest earned. To learn more about protecting your deposit, read Understanding Rental Deposits: What Tenants Need to Know.
Moving Out and Your Rights
If you receive a valid notice and plan to move, you remain responsible for rent and property care until the end of your tenancy. Make sure to:
- Complete a move-out inspection with your landlord
- Provide your new address to receive your deposit
- Refer to official documents for your specific move-out rights and timelines
For practical guidance on the moving process, check out Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.
If You Want to Stay
As long as the new owner doesn’t have a legal reason to evict you (like moving in themselves), you can keep renting with the same lease. If issues arise or you receive pressure to leave without proper notice, you can seek help from the Tribunal.
Your Rights and Responsibilities After the Sale
Your day-to-day obligations—rent, maintenance, and respecting the property—continue after the sale. For more about tenant duties and landlord obligations, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Helpful Ways to Search for a New Home
If you do need (or want) to move, Find rental homes across Canada on Houseme. This tool helps you easily compare available homes with map-based search features to suit your preferences and timeline.
FAQ: Tenant Rights When Landlord Sells in New Brunswick
- Does my lease end automatically if my landlord sells the property?
No, your lease continues and the new owner becomes your landlord under the same terms. - How much notice do I get if the new owner wants to move in?
You must get at least two months’ written notice using Form 11 before you can be asked to leave. - Can I dispute a notice to leave after the sale?
Yes, you can apply to the Residential Tenancies Tribunal if you believe the notice is not valid. - What happens to my security deposit when the property is sold?
Your deposit is transferred to the new landlord. It must be returned (plus interest) if you move out. - Where can I get official help if I’m unsure about my rights?
Contact the Residential Tenancies Tribunal for guidance, forms, and dispute resolution.
Key Takeaways for Tenants
- Your lease remains in effect if your landlord sells the property.
- You cannot be evicted without official notice and only for legal reasons.
- Always seek advice from the Residential Tenancies Tribunal if you have concerns or disputes.
Need Help? Resources for Tenants
- New Brunswick Residential Tenancies Tribunal: Questions, forms, and dispute resolution
- Official Guide to the Residential Tenancies Act (NB)
- Tenant Rights and Landlord Rights in New Brunswick: Your full rights and responsibilities
- Local tenant advocacy organizations or legal clinics in your area can offer support and advice
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