What is a residential tenancy agreement?
It's a legal contract between a landlord and tenant outlining terms of renting a residential property.
If your agreement is oral, ask for a written summary of terms from your landlord. Gather the signed lease (or email confirmation), the rent amount, move-in date, and any deposits, and keep these documents in a dedicated file. If terms differ from the Residential Tenancies Act, seek guidance from the Residential Tenancies Tribunal.
Does my lease have to be in writing?
No, verbal agreements are legal, but written agreements are strongly recommended.
Even with a verbal agreement, request a written record that lists rent, deposit, and renewal terms; this makes disputes easier to resolve. If you sign, ask for a copy and store it with other tenancy documents.
Where can I find the official lease agreement form in New Brunswick?
Use Form 1: "Notice of Landlord and Tenant’s Obligations" from NB Residential Tenancies Tribunal.
Form 1 is the official notice of landlord and tenant obligations in NB. Keep a copy for your records and use it as a baseline when negotiating or reporting issues; if you don't receive it, ask the landlord or contact the tribunal for guidance.
What must a written lease in New Brunswick include?
Names, address, rent, payment terms, deposit info, and obligations of both parties.
What laws cover leases and agreements in New Brunswick?
The Residential Tenancies Act of New Brunswick covers these agreements.
The Act provides baseline protections, but leases can offer additional rights. If you spot terms you don’t understand, consult the tribunal or a local legal clinic before signing.
Who handles tenancy disputes in New Brunswick?
The Residential Tenancies Tribunal of New Brunswick manages tenancy disputes.
If you have a dispute, collect your lease, receipts, notices, and communications, then file an application with the tribunal and follow deadlines. The tribunal can help with deposits, notices, repairs, and lease terms.
Can a landlord require a security deposit?
Yes, but it can't exceed one month's rent.
How does a fixed-term lease differ from a month-to-month lease?
Fixed-term leases have a set end date; month-to-month leases automatically renew every month.
Can my landlord change the lease terms after I sign?
No, changes need mutual agreement unless legislation requires it.
Does the landlord need to provide a copy of the signed lease?
Yes, within 21 days of signing.
Can I sublet my rental unit in New Brunswick?
Only with landlord's written consent, which they can't unreasonably refuse.
How much notice is required to end a month-to-month tenancy?
At least one full rental month’s written notice.
What notice is required to end a fixed-term lease?
None—lease ends automatically unless both parties agree to renew.
Can my landlord ask for post-dated cheques?
They can ask, but you can't be required to provide them.
Am I allowed to have pets if the lease says no?
No, you must follow lease terms unless you get written permission.
Can I break my lease early?
Only with landlord agreement or valid legal reasons (like family violence).
Do lease agreements automatically renew?
Fixed-term leases end, but often convert to month-to-month if not renewed.
Who keeps the security deposit?
The landlord holds it but must register it with the Residential Tenancies Tribunal.
How do I get my security deposit back?
Within 7 days of moving out if no damages or unpaid rent.
Can the landlord enter my unit without notice?
No, except for emergencies or if you agree. Landlords must give at least 24 hours’ notice for entry.
What if the landlord doesn’t give me a lease copy?
Contact the Residential Tenancies Tribunal for assistance.
Can a landlord increase rent during a lease?
Rent can only be increased after a year has passed since last increase or the start date, with 3 months’ written notice.
What form is used for rent increases?
The landlord should provide official written notice but no specific numbered form is required.
Can a lease prohibit roommates?
Yes, if stated in the agreement. Otherwise, permission should be requested from the landlord.
What happens if I stay after my lease ends?
Lease converts to month-to-month unless landlord or tenant gives proper notice to end.
What is Form 6 in New Brunswick?
"Application by Tenant"—used for complaints. Download from NB Tenancies Forms.
Form 6 is the official application form to start a dispute with the tribunal; keep a copy of your submission and any supporting documents.
How do I add or remove someone from my lease?
Both the landlord and tenant must agree in writing to amend the lease.
Can I get out of a lease if I experience family violence?
Yes, with an official certificate from authorities. File with the Tribunal for early termination.
Can the landlord force me to sign a new lease each year?
No, unless both agree. Lease will become month-to-month by default.
Is a lease valid if my name is misspelled?
Yes, but ask for a corrected version to avoid confusion.
What if my landlord doesn’t sign the lease?
The agreement may still be valid based on conduct but proof may be harder.
Do landlords need a reason to end a month-to-month tenancy?
No reason required, but proper notice must be given.
If I sign a lease but don’t move in, am I still responsible?
Yes, unless the landlord re-rents quickly or agrees otherwise.
Can the landlord ask for last month’s rent in advance?
No, only a security deposit up to one month's rent is allowed.
How do I give written notice to end my lease?
Give your landlord a signed letter stating your move-out date; keep a copy for records.
Can my lease include illegal terms?
No, any term that goes against the Residential Tenancies Act is unenforceable.
Do I have to renew my lease if I want to stay?
No, you can stay and the lease becomes month-to-month by law.
Can a landlord decline to rent to me for any reason?
Landlords cannot discriminate based on race, sex, age, disability, or other protected grounds.
What’s the difference between a lease and a rental agreement?
A lease is often fixed-term; a rental agreement is usually month-to-month.
Can my landlord evict me for not renewing the lease?
No, if you stay, the lease converts to month-to-month, unless proper notice to vacate was given.
How do I dispute a term I think is unfair?
File an application with the Residential Tenancies Tribunal using Form 6.
Form 6 is the official application form to start a dispute with the tribunal; keep a copy of your submission and any supporting documents.
Where can I get help if I don't understand my lease?
Contact the Residential Tenancies Tribunal of New Brunswick for guidance.
What are my responsibilities under the lease?
Pay rent, keep the unit clean, avoid damage, and follow lease terms.
Can the landlord visit for showings anytime?
No, they must give 24 hours’ written notice for all showings.
Can oral promises override the written lease?
No, only written terms in the lease are legally binding.
Can I use email as written notice?
Only if both parties have agreed to use email for notices.
Where do I find all official tenancy forms for New Brunswick?
Forms are available at the Residential Tenancies Tribunal website.
Form access and official NB tenancy forms are centralized on the NB Residential Tenancies Tribunal site for easy download and reference.
Can the landlord refuse to sign my lease renewal?
Yes, but your agreement turns month-to-month unless given notice to terminate.
Is my lease valid if my landlord doesn't register the deposit?
The lease is valid, but the landlord may face penalties for not registering with the Tribunal.
