On this page
Overview
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.
Roommate agreement
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.
Assigning and subletting
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.
If you need consent from your landlord
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.
Changing a lease
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.
Amount of notice required to change a lease:
Long-term tenants
To change a long-term lease (five years or more), the landlord must give the tenant three months’ written notice.
Mobile home sites
To change mobile home site lease, the landlord must give the tenant three months’ written notice.
Ending a lease
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