Top 50 Questions: Special Tenancy Situations in New Brunswick

Special Tenancy Situations New Brunswick published June 26, 2025 Flag of New Brunswick
What is a 'special tenancy situation' in New Brunswick?
It refers to unique rental circumstances, like subletting, roommates, or family emergencies affecting tenancy.
Who handles tenant issues in New Brunswick?
The Residential Tenancies Tribunal handles tenant and landlord matters. Visit the Tribunal.
What law applies to rental housing in New Brunswick?
The Residential Tenancies Act of New Brunswick governs rental agreements and disputes.
Can I sublet my apartment?
Yes, but you must get your landlord’s consent in writing first.
How do I ask my landlord for permission to sublet?
Submit a written request outlining your proposal. The landlord cannot unreasonably refuse.
Does the landlord have to approve a subtenant?
Landlords can only refuse for reasonable grounds, such as a poor rental history.
What form do I use to add or remove a roommate?
Use a written agreement with your landlord. No official Tribunal form exists for roommates.
What if my roommate moves out and I want to stay?
Notify your landlord right away and update your lease agreement if needed.
Can I break my lease if I have to leave for a family emergency?
Only if you and your landlord agree or if you meet special legal circumstances, such as moving to a care facility.
Is early lease termination allowed for family violence victims?
Yes. Tenants experiencing family violence may end a lease early by submitting the required notice and documentation.
What form is used for ending a lease due to family violence?
Use the "Notice of Termination by Tenant (Family Violence)". See official government PDF.
How much notice do I give to end tenancy for violence?
You must give at least 28 days' written notice and supporting documents.
Can my landlord end my lease to use the unit themselves?
Yes, with proper notice, if the landlord or their family needs to move in.
How much notice for 'own use' eviction?
At least 3 months’ written notice is required.
What if my landlord sells the building?
New owners must honour your lease unless they want to move in, with proper notice.
Does a fixed-term lease protect me from eviction if sold?
Yes, the new owner must respect the term until expiry unless otherwise agreed.
Can my landlord evict me for renovations?
Yes, if substantial renovations require vacancy, proper notice must be given.
How much notice for eviction due to renovations?
Usually 3 months’ written notice is required.
What forms do I use to respond to an eviction notice?
Use the “Notice of Objection” form (official link) to dispute a notice.
How do I dispute an eviction in New Brunswick?
File a Notice of Objection with the Tribunal within 7 days.
Can I be evicted if I sublet without consent?
Yes, unauthorized subletting can be grounds for eviction.
What if my landlord dies?
The lease continues; the new property owner or estate must honour the agreement.
What happens if a tenant passes away?
The executor or next of kin may end the tenancy by giving at least one month’s written notice.
Which form to end the tenancy for a deceased tenant?
Use the "Notice by Personal Representative of Deceased Tenant" (official PDF).
Can I end my lease if I move to a care facility?
Yes. Give at least one month’s notice with a letter from a doctor or care provider.
Is there a penalty for ending my lease early?
If you don’t meet special circumstances or don’t have landlord approval, you may have to pay rent for the remaining term.
Who is responsible for damages caused by a subtenant?
The original tenant remains legally responsible for all rent and damages.
What happens to my lease if I lose my job and can’t pay rent?
Your landlord can issue a notice for unpaid rent, but you may seek help from government resources or negotiate payment.
Can I add family to my lease during my tenancy?
Get your landlord’s approval; changes should be in writing and signed.
My lease doesn't mention guests. Can someone stay long-term?
Temporary guests are allowed, but long-term stays may require landlord approval.
Can my landlord change the locks after I move out?
Yes, after the tenancy ends. During tenancy, landlord needs your consent or Tribunal approval.
Can I be evicted for medical reasons or disability?
No, landlords cannot evict you for having a medical condition or disability.
What are my rights if my unit is uninhabitable due to disaster?
You may be able to end the lease. Contact the Tribunal for guidance if the unit is unsafe.
What happens if my landlord is unreachable?
Document your attempts, continue paying rent, and contact the Tribunal for help.
Can a tenancy survive divorce or separation?
Yes, lease obligations continue. Speak with your landlord to update names if needed.
Does my lease end automatically if I am hospitalized?
No, leases continue unless you formally give notice and meet the conditions.
Who pays the rent if the main leaseholder leaves?
All remaining named tenants are liable for rent until the lease ends or is amended.
Can I get my security deposit back if I must leave suddenly?
Yes, provided you give proper notice and leave the unit in good condition, per the Act.
Does my lease end if there’s a fire or flood?
Not automatically. The lease may be terminated if the unit is unfit for living. Contact the Tribunal for advice.
Can I get out of my lease due to harassment or threats?
You may apply to the Tribunal to end your tenancy for cause, providing evidence.
Do I need to provide proof for early termination due to violence?
Yes, attach required documents or letters from professionals with your notice.
If I have to leave for military service, can I end my lease?
Yes. Give written notice and proof of posting or deployment as soon as possible.
Can my landlord raise the rent in a special tenancy situation?
Yes, but only following the Act’s notice periods and limits. No rent control, but 3 months’ written notice is required.
Can a lease be transferred if both parties agree?
Yes, with landlord’s written consent, you can “assign” your lease to a new tenant.
Do I need to sign a new lease with a roommate?
It’s recommended to update the lease or have a separate written agreement for clarity.
What if my lease is silent about emergencies?
The Residential Tenancies Act’s rules always apply, even if your lease does not mention emergencies.
Where can I find official forms for tenancy issues?
All forms are available on the New Brunswick Tribunal website.
How do I contact the Residential Tenancies Tribunal?
Visit the Tribunal website, call 1-888-762-8600, or email irent@snb.ca.

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Canada

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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