Understanding Tenancy Types in New Brunswick

Choosing to rent a home in New Brunswick means understanding the different types of tenancies available—and knowing what each means for your rights and responsibilities. Whether you’re a new renter or have years of experience, this guide explains the key tenancy types recognized in New Brunswick, how they work, and what you should expect from your rental relationship.

Overview: Main Tenancy Types in New Brunswick

Tenancies in New Brunswick are regulated by the Residential Tenancies Act. The law sets out protections and obligations for both tenants and landlords, depending on the type of agreement you sign.

• Fixed-term tenancy: This is a lease with a set start and end date, often 12 months. At the end of the period, the lease may be renewed or end, depending on what’s stated in your agreement.
• Month-to-month (periodic) tenancy: Here, the agreement has no fixed end date. After any initial term (if set), the lease continues unless proper notice is given by either party.
• Weekly tenancy: Not as common, but these work in the same way as month-to-month, with rental payments (and notice periods) based on a weekly schedule.

In all cases, once a lease term ends and you keep living in the rental with the landlord’s agreement, your tenancy usually becomes month-to-month—even if your original lease was fixed-term.

Key Rights and Responsibilities by Tenancy Type

Your rights and obligations as a tenant depend partly on the type of tenancy. Here’s what you need to know:

• Rent: When and how much you pay, including any allowable increases, will be set out in your agreement. For more on your financial duties, see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
• Ending the tenancy: Notice periods differ based on tenancy type (e.g., usually 1 month for month-to-month, end of term for fixed-term unless you vacate or renew).
• Renewal: Fixed-term leases may convert to month-to-month if neither party gives notice and the tenant stays with the landlord’s consent.

Understanding Rental Agreements and Deposits

Every tenancy should be based on a written agreement outlining details like rent, term, and rules. You will also usually need to pay a security deposit—up to one month's rent in New Brunswick. For more details, see Understanding Rental Deposits: What Tenants Need to Know.

Relevant Forms and How to Use Them

• Form 1 – Application for Tenancy: Used to formalize your agreement with the landlord. Complete this form when starting a new tenancy. Download Form 1 from SNB.
• Form 2 – Notice of Termination: Tenants use this to give notice to end a periodic tenancy (e.g., month-to-month). Complete and deliver it to your landlord according to the required notice period. See the official Form 2 here.

Example: If you’re in a month-to-month tenancy and decide to move, complete Form 2 and provide it at least one month before your intended move-out date.

How Tenancy Types Affect Security, Notice, and Renewals

Understanding your tenancy type ensures you leave or renew your lease without confusion. For fixed-term leases, you aren’t required to give notice unless otherwise stated, but written communication is always a good idea. For month-to-month tenancies, tenants must provide at least one month’s written notice using the right form. Landlords are also required to follow specific procedures if they wish to end a tenancy.

For a broad overview of tenant rights and rules that apply in New Brunswick, you can visit Tenant Rights and Landlord Rights in New Brunswick.

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FAQ: Tenancy Types in New Brunswick

1. What happens if my fixed-term lease ends but I stay in the unit?
   If you remain in the rental and your landlord agrees, your tenancy usually continues as a month-to-month agreement, under the same terms as before.
2. Do I need to sign a new lease every year in a month-to-month tenancy?
   No, a month-to-month tenancy continues automatically unless a landlord or tenant gives notice to end it.
3. How much notice must I give to end my tenancy?
   For month-to-month tenancies, tenants must provide at least one month's written notice. Fixed-term leases end at the agreed-upon date, but giving advance notice is recommended.
4. What if I want to leave before my fixed-term lease ends?
   You may be responsible for rent until the end of the lease or until a new tenant is found. Always check your agreement and speak with your landlord before leaving early.
5. Are verbal tenancy agreements legal in New Brunswick?
   Yes, but written agreements are strongly recommended for clarity and protection. If you do have a verbal agreement, you still have rights under the Residential Tenancies Act.

Key Takeaways for Tenants

• Understand your tenancy type before signing—fixed-term and month-to-month offer different rules.
• Always use official forms for notices and keep written records.
• Written rental agreements and clear communication protect your rights.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal (RTT) – Information, forms, and dispute resolution.
• Province of New Brunswick – Information for Tenants and Landlords
• Local tenant advocacy services and legal clinics, such as those available through community legal aid offices.

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1. Residential Tenancies Act, full text here (Government of New Brunswick)
2. New Brunswick Residential Tenancies Tribunal official site – https://www.snb.ca/rtb
3. Government of New Brunswick forms for tenants – https://www2.snb.ca/content/snb/en/sites/rental.html

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