When Rent Is Paid but Lease Not Renewed in NB

If your fixed-term lease in New Brunswick has ended but you continued to pay rent and the landlord accepted it, you may still have rights as a tenant. This article explains what generally happens, what paperwork and timelines to watch for, how to document payments, and when to use the official Residential Tenancies Tribunal. The goal is to help tenants understand how accepting rent can create a periodic tenancy, what forms or notices matter, and practical steps to protect your deposit and record of payments so you stay informed and prepared.

What it means when rent is accepted after a lease ends

When a landlord accepts rent after a fixed-term lease expires, many provinces treat the arrangement as a periodic tenancy (for example, month-to-month). That means most tenancy rights and obligations continue, but notice requirements and end-of-tenancy procedures can change. Check the ^[1]legislation and the Residential Tenancies Tribunal guidance ^[2] to confirm specific rules and notice periods for New Brunswick.

Key steps tenants should take right away

• Pay rent on time and get a written receipt every time you pay so there is clear proof of payment.
• Keep a record of bank transfers, e‑transfers, or stamped receipts and save any written communication about the tenancy.
• Ask the landlord in writing whether they consider the lease renewed or if you are now on a month-to-month tenancy, and keep their reply.
• Note any notice or deadline the landlord gives for ending the tenancy and confirm timelines in the legislation.
• If a dispute about the tenancy status or return of deposit arises, file an application with the Residential Tenancies Tribunal.

Forms, official steps and examples

Below are the most common official forms and how tenants typically use them in New Brunswick.

Application to the Residential Tenancies Tribunal (example)

The "Application to the Residential Tenancies Tribunal" is used when a tenant or landlord asks the tribunal to resolve a dispute about deposits, unpaid rent, repairs, or whether a tenancy has been correctly terminated. Example: if a landlord says your lease ended and demands you leave despite accepting rent, you would file this application to ask the tribunal to confirm your tenancy status and any order about possession or deposits. See the tribunal forms and filing instructions ^[3].

Notice to Vacate / Notice of Termination (as provided by landlord)

If a landlord serves a written notice to end a tenancy, read it carefully and compare the dates and reasons with the rules in the Residential Tenancies Act. Example: a landlord must give the correct length of notice depending on whether you are on a monthly tenancy or a fixed term; if the notice does not match the law, you can raise that in Tribunal filings.

For help understanding rent payments and tenant obligations, see the practical guidance at Tenant''s Guide to Paying Rent: Rights, Responsibilities, and Tips and for renewal-specific details consult Lease Renewals: What Tenants Should Know About Their Rights. To search for new rental options while you resolve a dispute, consider Explore Houseme for nationwide rental listings.

FAQ

If my fixed-term lease ends and I keep paying rent, do I still have tenancy rights in New Brunswick?

Yes. If the landlord accepts rent after the lease ends, the tenancy often becomes periodic (month-to-month) with the same basic rights and obligations, unless the landlord gives proper written notice under provincial rules.

Can a landlord force me to leave immediately after my lease ends if I paid rent?

No. If rent was accepted, the landlord must follow the notice and termination rules in the Residential Tenancies Act and cannot usually force an immediate eviction without tribunal orders.

What evidence helps if there is a dispute about whether the lease was renewed?

Keep receipts, bank records, emails, texts, and any written notices. Photos or screenshots of messages and a written log of dates and conversations are also useful for the tribunal.

How-To

1. Confirm how the landlord accepted rent and collect all receipts or proof of payment.
2. Ask the landlord in writing whether the tenancy is renewed or now month-to-month and save their reply.
3. Document any notices received and compare the dates with the statutory notice periods in the legislation.
4. Contact the Residential Tenancies Tribunal for filing instructions if the landlord demands you leave or withholds your deposit.
5. File an application with the tribunal including copies of receipts, messages, and the landlord's notices.
6. Attend the hearing with your evidence and be prepared to explain key dates and what rent payments were accepted.

Help and Support / Resources

• Residential Tenancies Tribunal (Government of New Brunswick)
• Residential Tenancies Act (New Brunswick)
• Tribunal forms and filing instructions (Government of New Brunswick)

1. [1] Residential Tenancies Act (New Brunswick)
2. [2] Residential Tenancies Tribunal (Government of New Brunswick)
3. [3] Tribunal forms and filing instructions (Government of New Brunswick)