Lease information

A lease creates a contract between a landlord and a tenant when renting a property. We highly recommend a written lease because it clearly defines the details of what is being agreed upon. However, even without a written lease, the requirements of the Residential Tenancies Act and the Standard Form of Lease still apply.

A Standard Form of Lease is available to use to create a lease agreement. A completed form outlines all the terms and conditions agreed to by both parties. 

Both the landlord and tenant must each have a signed copy of the lease. All sections are mandatory, and any additions to the lease must appear on both signed copies.

Printed copies are available at any Service New Brunswick service centre. 

When more than one tenant is named on the lease agreement, they are all equally responsible for the rental unit including any damages and paying the full rent.  

A Roommate Agreement Form (PDF 181 KB) is available as a template for a written agreement among roommates.

If permitted by the landlord, assigning a lease is when a tenant has a new tenant take over all or a portion of their lease. The terms and responsibilities of the lease become the responsibility of the new tenant.

Unlike assigning, subletting is when a tenant re-rents their rental unit to a third party for a portion of their lease term and is still completely responsible for the terms and responsibilities in their lease.

A lease agreement may require that you get your landlord’s permission before assigning your lease to someone else. You can find out whether or not you need permission in Section 6 of your lease agreement.

To get consent, you will need to complete a Request for Consent to Assign (PDF 420 KB) form and serve it to your landlord.

The tenant and landlord may agree to changing the terms and conditions of a lease. The change must be made in writing and signed by both parties.

To change a long-term lease (five years or more), the landlord must give the tenant three months’ written notice.

To change mobile home site lease, the landlord must give the tenant three months’ written notice.

Should a tenant choose to end the lease, a written notice must be provided to the landlord. The written notice must include the address of the rental unit, the date the tenancy will terminate and be signed by the tenant. How much notice is required depends on the lease term:

Fixed-term lease: automatically ends at the end of the agreed period

Week-to-week lease: one full week of notice

Month-to-month lease: one full month of notice  

Year-to-year lease: three months of notice before the end of the lease year

Reasons a landlord can end a tenancy with a Notice of Termination include:

• the landlord or their immediate family intends to live in the premises
• the rental unit will be used for something other than residential premises
• the rental unit will be renovated significantly, requiring vacant possession 
• the tenant is working for the landlord maintaining or managing the rental premises and the job ends

Landlords who wish to terminate a tenancy for the purpose of renovating the rental unit must first apply with the Tenant and Landlord Relations Office to obtain approval. 

Submit an Application for Assistance under the reason of Request to Terminate for Renovations. This can be done online, by email at [email protected], by fax at 1-855-658-3096, by mail to PO Box 5001, Moncton, NB E1C 8R3 or by bringing it to a Service New Brunswick service centre.

Once your case has been processed and is ready to be reviewed, one of our agents will be assigned to investigate and collect information about the intended renovations.

Landlords will have to be able to meet the following requirements as part of the investigation:

•  they have all of the necessary permits and approvals required by law
• the landlord intends in good faith to renovate or repair the rental unit
• the renovation or repairs require the rental unit to be vacant
• the renovations or repairs are necessary to either prolong or sustain the use of the rental unit or building where the rental unit is located
• the only reasonable way to have the necessary vacancy of the rental unit is to terminate the tenancy

Our office will make the final decision if a Notice of Termination will be allowed to be served to the tenant.

Victims of domestic violence, intimate partner violence, sexual violence, or criminal harassment (stalking) may end their lease early for their safety or the safety of their children. To learn more contact Victim Services.

Landlords may apply to end a lease agreement early if a tenant is:

• causing extensive damage to the rental unit or property
• creating a health or safety risk
• conducting illegal activity on site

To do this, the landlord will serve a Form 3 - Application to Residential Tenancies Officer to the tenant and a copy to the Tenant and Landlord Relations Office. The landlord must detail the reason for the request and include any evidence available to support the application.

Protect yourself by reading and fully understanding your lease before you sign. If you have questions about the terms and conditions of your lease, we encourage you to contact the Tenant and Landlord Relations Office at 1-888-762-8600 or by email at [email protected] before signing.