What types of rental accommodations are covered by New Brunswick legislation governing residential tenancies?
All residential premises, including mobile home park lots, are governed by the provincial Residential Tenancies Act.
What types of rental accommodations are NOT covered by this legislation?
* Co-op housing
* Public housing
* University residences
* Rooming houses
* Boarding houses
What types of rental periods are provided for in the legislation?
A lease can be (i) a periodic lease where the rental period can be by the week or month (not necessarily corresponding to a calendar week or month), or (ii) a year-to-year lease.
Is it necessary to have a written lease?
No, a signed lease is not required. If there is no signed lease, the applicable standard lease terms apply and the tenancy is considered month-to-month.
A signed move-in / move-out checklist is not required.
Can the landlord charge a deposit?
Yes, the landlord is allowed to charge a security deposit of no more than one month’s rent. Collecting the last month’s rent is not allowed. However, a security deposit paid to the Office of the Rentalsman is allowed as a deposit. If the landlord collects a deposit, that deposit MUST be paid to the Office of the Rentalsman, which will hold the deposits and ensure they are returned, if applicable. There is no application or user fee for this service. Interest accruing on the security deposit is not paid to the tenant, but instead is retained by the government to help defray costs of collecting, holding and paying out the deposits. If a landlord wants to make a claim against the deposit for damage or unpaid rent, the landlord has 7 days after the tenant moves out to make such a claim. If no claim is made within this time period, the money is returned to the tenant.
It is illegal for a landlord to require key money.
What about post-dated cheques?
The landlord is at liberty to ask a tenant to provide post-dated cheques.
When is the landlord allowed to increase the rent?
There are no rent controls in New Brunswick. If the lease is month to month, the landlord must give 2 months’ notice of a rent increase. If the year-to-year lease form prescribed by the Province indicates that a rent increase is allowed during the year, the landlord must give 3 months’ notice. If the lease does not provide for a rent increase during the year, then a full year must pass before a rent increase is allowed.
When is rent considered late?
Rent is considered late the day after it is due, at which point the landlord can issue a 20-day Notice to Vacate the premises. If the tenant pays the overdue rent within the next 7 days, the notice is cancelled. The landlord can also wait 10 days or more and then issue a 10-day Notice to Vacate. Failure to pay the rent or vacate the premises will enable the landlord to request an Eviction Order. if the tenant fails to pay rent a second time, the landlord can issue a Final Notice to Vacate, followed by an eviction request, REGARDLESS of whether the rent is paid or not. If the rental premises is in a mobile home park, the tenant can be late with rent 3 times before the landlord can issue a Final Notice to Vacate.
How can a lease be renewed?
If the lease term has expired and the parties have not renegotiated the lease, and the landlord continues to accept rent, the lease automatically becomes month to month. Under a long-term lease, changes may be made with 3 months’ notice. To change the term of a month-to-month lease, the landlord must give one month’s notice.
How can a lease be terminated?
Unlike most other parts of Canada, in New Brunswick the end of a fixed term is a valid reason for terminating the tenancy, and termination at the end of the lease term does not require notice to terminate the lease on the expiry date. A month-to-month tenancy requires 1 month’s notice. A year-to-year tenancy requires notice of 3 months prior to the anniversary date of the tenancy. If a landlord wants to terminate a long-term tenancy (5 years or more), a reason is required, such as: major renovations, family member moving in, change of building use to commercial or recreational instead of residential. A landlord may also terminate for cause, such as: unpaid rent, safety concerns, disruptive conduct, damage to the property.
Can a tenant assign a lease or sublet the premises?
In New Brunswick, subletting is considered a partial assignment. Whether an assignment is partial or for the remaining term of the lease, the lease agreement can provide that (i) the tenant may assign, (ii) may not assign, or (iii) may assign only with the landlord’s consent, which cannot be unreasonably withheld. If there is no written lease, then the standard lease form applies, and the tenant may assign.
When is the landlord permitted to enter the premises?
The landlord may enter at any time if an emergency arises, but in non-emergency situations the landlord must give 24 hours notice for inspection and 7 days notice for repairs. During the last month of the tenancy (provided that the lease allows), the landlord may enter the premises Monday through Friday between 8:00 a.m. and 8:00 p.m. to show the property to prospective tenants.
How can a landlord evict a tenant?
The landlord may request an Eviction Order for the following reasons:
* If a tenant fails to leave on the date set in a Notice to Vacate issued for non-payment of rent.
* If a tenant fails to leave on the date set in a Notice to Quit issued by a Rentalsman for breach of lease.
* If a tenant fails to leave at the end of a lease term or on the date given by one of the parties in a proper Notice to Terminate served in a periodic tenancy.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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