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Residential Tenancies Tribunal

I am a Landlord - Lease Information:

Form 6 Residential Lease (Standard Form of Lease)

Entering Into a Lease:

Quick Tips from the Residential Tenancies Tribunal on being a good Landlord:

Ending a Lease

Notice of Termination

How can I end my lease?
Leases can end in several ways:

Type of Lease

What is proper written notice?

Week-to-week

No later than the day rent is due one week before the landlord would like to end the lease.
For example: The lease began on Monday, March 2nd. The landlord wants to end the lease on Sunday, July 5th. The landlord must give notice no later than Monday, June 29th.

Month-to-month

No later than the day rent is due one month before the landlord would like to end the lease.
For example: The lease begins on February 1st. The landlord wants to end the lease on August 31st. The landlord must give notice no later than August 1st.

Year-to-year

No later than the day rent is due three months before the anniversary of the lease only.
For example: The lease begins on January 1, 2017. The earliest the landlord could end the lease is December 31, 2017. If the landlord decides to end the lease on December 31, 2017, he/she must give notice no later than October 1, 2017.

There are special rules for long term tenancies and mobile home site tenancies.

Does the landlord or tenant need to give a reason for ending the lease?
No, but there are special rules for long term tenancies and mobile home site tenancies.

Can a lease be ended in the wintertime?
Yes.

What time of day does the lease end?
Leases end at midnight. For example, if the lease ends on May 31st, the tenant must move out by midnight on May 31st.

Lease Information:

What is a Lease?
A lease is a written agreement between the landlord and the tenant. In New Brunswick, both the landlord and the tenant must sign two copies of the Residential Lease. The landlord and tenant should each keep one of the signed originals. The Residential Tenancies Tribunal does not require a copy of your lease once you have signed it.

The New Brunswick lease covers tenancy agreements for apartments, houses, condos, rooms and mobile homes sites. The lease contains crucial information about the tenancy, and becomes an essential communication tool between the tenant and the landlord.

What if my Tenant and I don’t sign a Residential Lease?
While the law doesn’t require you to sign the Residential Lease, the Residential Tenancies Tribunal strongly recommends it. Whether or not you sign the Residential Lease, the Residential Tenancies Act still applies to you and your landlord.

Can my Tenant and I agree to additional rules and obligations?
Yes. The additional rules and obligations must be included on the Residential Lease before it is signed by both you and the landlord. Additional rules and obligations can’t change any rights or duties as described in the lease or the Residential Tenancies Act of New Brunswick.

What happens if I sell my building during an ongoing tenancy?
The same lease will apply to the new landlord. Your former landlord has to complete and give a signed Form 8 Notice of Transfer to you and a copy to the Residential Tenancies Tribunal within seven days of transferring ownership of the building.

Can a landlord or tenant change his/her mind about renting
No. Once the tenant and landlord have come to a written agreement about the tenancy and/or money has exchanged hands, a tenancy has commenced.

Can a person under the age of 19 sign a lease?
Yes.

Can I change the rules or obligations of my tenant’s lease such as increasing the rent?
A landlord can increase the rent, but only in accordance with the Residential Tenancies Act. Nothing else can be changed except in specific circumstances for long-term tenancies and specific circumstances for mobile home sites.

Long-Term Tenancy (5+ years as a tenant):

What is a long-term tenancy?
A long-term tenancy is one where the same tenant has lived in the same premise for at least five consecutive years.

• How does a long-term lease end?
A long-term tenant can end a lease at any time by giving the landlord one month’s written notice.

The landlord can end the lease by giving the long-term tenant three months' written notice. He/she must also give the reason in the notice. The only acceptable reasons are:

Remember, your tenant can dispute your Notice of Termination if they apply within 15 days to the Residential Tenancies Tribunal for a review.

Can I, as a landlord, change any of the rules or obligations of a long term tenancy?
Yes. The landlord must give the tenant three months’ written notice. The change must be fair and reasonable, and not interfere with any right or duty as explained in the Residential Tenancies Act. The tenant may dispute the Notice of Alteration by applying in writing within 15 days of receipt of the Notice to the Residential Tenancies Tribunal.

Can I increase the rent of a long term tenancy?
Yes. You must give the tenant three months' written notice. You may only increase the rent fairly and by the same amount as other similar units in the same building. Or the rent must be increased only by what is reasonable in other similar units in the same area.

Can my long-term tenant move if they don’t want to pay more rent?
Your long-term tenant can move if they don’t want to pay more rent but they must give you one month’s written notice (from the day the rent is due) to end the lease. They can also dispute a rent increase by applying to the Residential Tenancies Tribunal for a review within 15 days of receipt of the Notice.

Mobile Home Site Tenancy:

What is a mobile home site tenancy?
A mobile home site tenancy is one where a tenant rents a site within a mobile home park.

How does a mobile home site lease end?
A mobile home site tenant can end a lease at any time by giving the landlord two months' written notice.

The landlord can end the lease by giving the tenant six months' written notice. He/she must also give the reason in the notice. The only acceptable reasons are:

Remember, your tenant can dispute your Notice of Termination if they apply within 15 days to the Residential Tenancies Tribunal for a review.

Can I change any rules or obligations of my mobile home lease?
Yes. The landlord must give the tenant three months' written notice. The tenant may dispute the Notice of Alteration by applying in writing within 15 days to the Residential Tenancies Tribunal.

Can I increase the rent on my tenant’s mobile home site lease?
Yes. To increase the rent, you must give you at least six months' written notice. You must increase the rent for each mobile home site in the mobile home park or in the same area of the park by the same percentage.

Can my tenant move if they don’t want to pay more rent?
Yes. A Notice of Rent Increase can be treated as a Notice of Termination, but to end the lease, the tenant must give the landlord one month's written notice within the six month rental increase notice period. They can also dispute your increase in rent by applying to the Residential Tenancies Tribunal for a review within 15 days of Receipt of the Notice.

My tenant wants to assign their lease – do I have to let them?
In the case of Mobile home sites: The landlord must allow the tenant to sublet or assign the lease, but the lease may allow the landlord to give his/her agreement.

Assignment and Subletting:

What is assignment?
Assignment is when the tenant gives the lease to someone else who becomes the new tenant. In the lease, there are three options for assignment. One will be agreed on before signing the lease:

What is subletting?
Subletting is when a tenant rents his/her rental to somebody else for part of the tenancy period.

What is the tenant responsible for when subletting?
The tenant is responsible for:

The landlord may be able to use the tenant's security deposit to pay for any damages, cleaning or rent owed by the subletter. The landlord must send the tenant a copy of any notice given to the subletter.

Do I have to let the tenant sublet or assign the lease?
It depends what you both agreed to when you signed the Residential Lease. If the lease says that the landlord must give his/her okay to assign the lease, then the tenant should give the landlord Form 7 Request for Consent to Assign. The landlord has seven days to respond, and cannot refuse without a good reason.

In the case of Mobile home sites: The landlord must allow the tenant to sublet or assign the lease, but the lease may allow the landlord to give his/her agreement.

Does the tenant have to pay the landlord a fee to assign?
The landlord may charge up to $20 to cover expenses where the lease requires the landlord's agreement to assign.

Rent Increases:

Can I, as a landlord, increase the rent anytime?
Yes, but you must give the tenant proper written notice.

Type of Tenancy

How much notice?

Week-to-week

Two Months

Month-to-month

Two Months

Year-to-year

Three Months

Fixed term

Three months only if the box in Section 4(5)(a) of the Residential Lease has been selected or if the rent increase is not referenced in Section 4(6) of the Residential Lease.

There are special rules for increasing the rent for long term tenancies and mobile home site tenancies.

Can my tenant move if they don’t want to pay more rent?
Yes. A Notice of Rent Increase can be treated as a Notice of Termination, but the tenant must give the landlord proper written notice to end the lease.

Type of Tenancy

How much notice?

Week-to-week

One week

Month-to-month

One month

Year-to-year

At least one month before the day before the rent is due to increase.*

Fixed term

At least one month before the day before the rent is due to increase.*

*A long-term tenant or tenant of a mobile home site who receives a Notice of rent increase from the landlord, may apply to the Residential Tenancies Tribunal within 15 days of receiving the notice to have it reviewed by a Residential Tenancies Officer.

There are special rules for long term tenancies and mobile home site tenancies.

Entry by Landlord:

Can I go into the premises?
Yes, but you must give the appropriate notice before entering. Entry must not be on a Sunday or holiday. It must be between 8am and 8pm

The landlord or his or her agent can enter the premises:

Can I go into the rented premises to show it to a prospective tenant?
Yes, you can go into the rented premises to show it to a prospective tenant without giving notice, but only during the last rental period and if indicated in Section 2, E – Additions of the Residential Lease.

If this rule wasn't added to the lease, but the tenant agrees at the time, the landlord may enter without giving notice. However, the tenant may ask that the landlord give a 24-hour notice before entering. Then, this entry must not be on a Sunday or holiday and must be made between 8am and 8pm.

Roomers and Boarders:

Rooming and boarding houses fall under the jurisdiction of the Residential Tenancies Act and both tenants and landlords must follow the same rules as for any other rental premise.

What is a rooming house?
A rooming house is a premise where tenants have their own room, but share common facilities such as a kitchen and bathrooms. A rooming house may also provide additional services. Certain rooming and boarding house accommodations are excluded from the Residential Tenancies Act. These include accommodations:

What is a boarding house?
It is the same as a rooming house with the exception that some or all meals are provided by the landlord under the tenancy agreement.

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