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Residential Tenancies Tribunal

I am a Tenant - 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 Tenant:

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 tenant would like to end the lease.
For example: The lease began on Monday, March 2nd. The tenant wants to end the lease on Sunday, July 5th. The tenant must give notice no later than Monday, June 29th.

Month-to-month

No later than the day rent is due one month before the tenant would like to end the lease.
For example: The lease begins on February 1st. The tenant wants to end the lease on August 31st. The tenant 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 tenant could end the lease is December 31, 2017. If the tenant 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 Landlord doesn’t give me a copy of the Lease?
Follow the 5 steps under Problem with your Landlord or Rental Unit

What if my Landlord 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 Landlord 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.

Is the lease still valid if my landlord sells the building?
Yes, 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 a landlord change the rules or obligations of my 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 can I end my long-term lease?
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:

Can a long-term tenant dispute a landlord ending his/her lease?
Yes. You may apply within 15 days of receipt of the Notice for the Residential Tenancies Tribunal to review the Notice of Termination.

Can my landlord change any of the rules or obligations in my 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. You may dispute the Notice of Alteration by applying in writing within 15 days of receipt of the Notice to the Residential Tenancies Tribunal.

Can the landlord increase the rent of a long term tenancy?
Yes. The landlord must give the tenant three months' written notice.

Can I move if I don’t want to pay more rent?
Yes. A Notice of rent increase can be treated as a Notice of Termination. The tenant must give the landlord one month’s written notice (from the day the rent is due) to end the lease.

Can I dispute a rent increase?
Yes. You may apply within 15 days of receipt of the Notice for the Residential Tenancies Tribunal to review the rent increase.

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:

Can a mobile home site tenant dispute a landlord ending his/her lease?
Yes. He/She may apply within 15 days of receipt of the Notice for the Residential Tenancies Tribunal to review the Notice of Termination.

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

Can my landlord increase the rent on my mobile home site lease?
Yes. To increase the rent, the landlord must give you at least six months' written notice.

Can I move if I 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.|

Can I dispute an increase in rent?
Yes. You must apply within 15 days of receipt of the Notice to a Residential Tenancies Officer to review the increase.

Can I assign my lease?
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.

Does the landlord have to let the tenant sublet or assign the lease?
It depends what the landlord and tenant agreed to when they 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 the landlord increase the rent anytime?
Yes, but the landlord 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 I move if I 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 my landlord go into my rental premise?
Yes, but the landlord 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 the landlord go into the premises to show it to a prospective tenant?
Yes, the landlord can go into the 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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