Signing a private lease in New Brunswick is one of the most important steps for tenants and renters. A clear written agreement reduces misunderstandings about rent, security deposits, repairs, entry, and how to end the tenancy. This guide explains the core clauses to include, how to document the condition of the unit, and which official forms and tribunal routes to use if problems arise. Read carefully, keep copies of every signed page and receipt, and use the checklist to ensure your lease protects your rights and responsibilities under New Brunswick rules.
Key clauses to include in a private lease
When drafting or reviewing a private lease, look for plain-language clauses that cover the items below. Spell out amounts, dates and required notice periods so expectations are clear.
- Rent amount, due date, acceptable payment methods, and any late fees or returned-payment charges.
- Security deposit details: exact amount, when it must be paid, lawful uses, the timeline for return and any interest rules; see Understanding Rental Deposits: What Tenants Need to Know.
- Term of the tenancy: fixed-term start and end dates or month-to-month terms, plus how and when either party must give notice to end or renew.
- Repair and maintenance obligations: who is responsible for routine repairs, emergency repairs and expected response times.
- Entry and privacy: when the landlord may enter, required notice period for non-emergency visits, and procedures for inspections or repairs.
- Notice and forms: how notices must be delivered, the official forms to use for disputes or applications, and timelines for filing.
- Pet, smoking and guest policies: any rules, additional deposits or restrictions on subletting and guests.
- Move-in inspection and inventory: a signed checklist and photos of the unit and existing damage, saved by both tenant and landlord; see Guide to the Initial Rental Property Inspection for Tenants.
If you can’t agree on a clause, ask for changes in writing or seek free tenant advice before you sign. The Residential Tenancies Tribunal hears rental disputes in New Brunswick[1] and the province’s Residential Tenancies Act sets the legal framework for most tenancy issues[2]. Official forms such as an application to the Tribunal or a written Notice to Terminate are available from Service New Brunswick[3].
Practical details to write into the lease
Use specific, plain-language sentences rather than vague phrases. Example items to write in full:
- "Rent $X, due by the 1st of each month, payable by e-transfer to X or cheque to Y; $Y late fee after Z days."
- "Deposit: $X paid on YYYY-MM-DD; deposit may be used only for unpaid rent or repairs beyond normal wear; deposit returned within 10 days of move-out with an itemized list of deductions."
- "Repairs: Tenant must report maintenance in writing; landlord to respond within 72 hours for urgent issues and 14 days for routine repairs."
- "Entry: Landlord will provide 24 hours written notice for non-emergency entry for inspections or repairs, except in emergencies."
When to include additional clauses
Consider adding clauses that match your situation: sublet rules, shared utilities and payment splits, visitor limits, garden or parking maintenance, or rules about modifications such as painting or installing shelves. If the landlord wants to prohibit something, the lease should state the rule and any consequences. Be careful with blank or handwritten clauses that aren’t clearly initialed and dated by both parties.
FAQ
- Do I need a written lease in New Brunswick?
- A written lease is highly recommended because it records agreed terms; without a written lease month-to-month rules and provincial law still apply and help resolve disputes.
- How much notice must my landlord give to enter my unit?
- Leases commonly require 24 hours written notice for non-emergency entry; check your lease and the Residential Tenancies Act for allowed exceptions and emergency procedures[2].
- What if my landlord won’t return my security deposit?
- If you cannot resolve it directly, you can file an application with the Residential Tenancies Tribunal to recover the deposit and any interest or damages, using the official application form[3].
How-To
- Inspect the unit in daylight, take dated photos and note damage on a move-in checklist before you sign.
- Ask the landlord to add or clarify any vague lease clauses in writing and initial changes on the lease pages.
- Confirm the security deposit amount, when it is due and the exact conditions for its return.
- Agree in writing who handles routine maintenance and the process for reporting emergencies and urgent repairs.
- Keep copies of the signed lease, receipts and any written notices; these are needed if you file with the Tribunal.
Help and Support / Resources
- Contact Residential Tenancies Tribunal - Service New Brunswick
- Residential Tenancies Act – Government of New Brunswick
- Service New Brunswick tenancy forms and guides
