Breaking A Lease: New Brunswick Tenant Rights

Breaking a lease in New Brunswick can be a tricky situation. A lease is a binding contract between a tenant and a landlord, and breaking it is considered a breach of contract. However, there may be valid reasons for needing to break a lease, such as moving to another city. Here are some important things to keep in mind when considering breaking a lease in New Brunswick:

- Familiarise yourself with the legal requirements to terminate a lease in the province.

- Know the type of lease you have—a Fixed term lease has a specified end date, while a Periodic term lease runs month-to-month, week-to-week, or for another predetermined period.

- Provide your landlord with as much notice as possible and, if permissible, offer to help find a replacement tenant.

- Each province has different regulations regarding leases and tenant agreements, so be sure to review the specific rules for New Brunswick.

- For a periodic lease (year-to-year, month-to-month, or week-to-week), proper notice of termination must be served, or the tenancy will automatically renew.

- If you have a month-to-month lease, provide one month's written notice to terminate. For a year-to-year lease, give three months' written notice before the anniversary date.

- If your landlord wishes to keep all or part of your security deposit, they have seven days to file a claim with the province's Rentalsman. If no claim is made, the money is returned to you.

- If not explicitly prohibited in your lease agreement, you can make a written request to partially assign the lease to another tenant.

For more specific information and guidance, refer to the Service New Brunswick Office of the Rentalsman website at www.snb.ca/irent.

Know the difference between a Fixed and Periodic term lease

When it comes to leases, it is important to know the difference between a fixed and a periodic term lease.

A fixed-term lease is a contract between a landlord and a tenant that has a specified end date. This type of lease automatically ends at the end of the agreed-upon period, and no notice is required to terminate it if it ends on a specific date. On the other hand, a periodic term lease is a contract that runs on a month-to-month, week-to-week, or other predetermined time basis. Unlike a fixed-term lease, a periodic lease has no end date and automatically renews unless proper notice of termination is provided by either party.

In New Brunswick, if you have a periodic lease and wish to terminate it, the amount of notice you need to give depends on the type of lease agreement. For instance, if your lease period is on a month-to-month basis, you must provide at least one month's written notice before the end of the month to terminate the arrangement. However, if your lease period is on a year-to-year basis, you are required to give three months' written notice prior to the anniversary date to end the contract.

It is important to note that lease agreements can vary, and it is always a good idea to familiarise yourself with the specific terms of your lease and the relevant provincial regulations.

Provide your landlord with as much notice as possible

If you are looking to break your lease in New Brunswick, it is important to provide your landlord with as much notice as possible. This is because breaking a lease is considered a breach of contract between a tenant and a landlord. While you may have a valid reason for needing to break your lease, such as moving to another city, it is still important to follow the proper procedures to avoid penalties from your landlord.

The amount of notice you need to give will depend on the type of lease you have. If you have a fixed-term lease, which is a lease with a specified end date, then your tenancy obligation will end at the end of the fixed term. In this case, no notice is required to terminate the lease if it ends on a specific date.

However, if you have a periodic lease, which runs month-to-month, week-to-week, or for some other pre-determined time period, then the tenancy will automatically renew for the same term unless you provide proper notice of termination. The notice period required will depend on the length of your lease term. For a month-to-month lease, you must provide at least one month's written notice before the end of the month to be effective on the last day of that month. For a year-to-year lease, you must provide at least three months' written notice before the end date of the lease to be effective on the last day of the lease agreement.

It is always best to familiarize yourself with your province's legal requirements for terminating a lease and to know the terms of your specific lease agreement. If possible, you may also want to offer to help find a replacement tenant. By providing as much notice as possible and following the proper procedures, you can help to minimize any potential penalties from your landlord.

Offer to help find a replacement tenant

If you are a tenant in New Brunswick and need to break your lease, you can avoid or minimize penalties by offering to help find a replacement tenant. Here are some detailed steps to guide you through the process:

• Familiarize yourself with New Brunswick's legal requirements for terminating a lease. Know the type of lease you have—a "Fixed" lease has a specified end date, while a "Periodic" lease runs month-to-month, week-to-week, or for another predetermined period.
• Provide your landlord with as much notice as possible. The amount of notice required depends on the lease term. For a month-to-month lease, give at least one month's written notice before the end of the month. For a year-to-year lease, provide three months' written notice before the anniversary date.
• Wherever possible, offer to help find a replacement tenant. This can be done by posting on social media, reaching out to your personal network, or advertising the vacancy on rental platforms. You can also suggest potential tenants from a waiting list, if your landlord has one.
• Be sure to get your landlord's approval for the new tenant. The landlord cannot unreasonably deny consent but may require the new tenant to complete an application or meet certain criteria.
• Once a suitable replacement tenant is found and approved, work with the landlord to finalize the new lease agreement. Ensure all necessary paperwork is completed, including any required inspections.
• Remember that you are still responsible for rent until the new tenant's lease begins, so act promptly to find a replacement.

Understand the legal requirements to terminate a lease in New Brunswick

To terminate a lease in New Brunswick, tenants and landlords must follow the legal requirements outlined in the Residential Tenancies Act. Here are the key points to understand:

• Notice Periods: The notice period required to terminate a lease depends on the type of lease agreement. For a fixed-term lease, the contract automatically ends at the end of the agreed-upon period, and no notice is required. For a month-to-month lease, at least one month's written notice is needed. For a long-term tenancy (occupied by the same tenant for five consecutive years or more), the landlord must give three months' written notice, and the tenant must provide at least one month's written notice.
• Written Notice: Written notice is required to terminate a lease, and it must include specific information. The notice must include the name of the tenant and landlord, the address of the rental unit, the date the lease agreement will end, and the signature of the person ending the lease.
• Reasons for Termination: Landlords can only terminate a lease for specific reasons, such as the landlord or their immediate family wanting to live in the rental unit, significant renovations, or if the tenant is working for the landlord and their employment ends. Tenants can terminate a lease by providing proper written notice without needing to provide a reason.
• Security Deposits: If the landlord wishes to retain all or part of the security deposit, they must file a claim with the Office of the Rentalsman within seven days of the tenant moving out. If no claim is submitted, the Rentalsman will return the deposit to the tenant.
• Partial Assignment: If the lease agreement does not explicitly prohibit it, tenants can request a partial assignment of the lease to another person. This means they can find someone to take over their lease, but they will still be responsible if the new tenant fails to pay rent or causes damage.

Know your rights as a tenant

Leases are a binding contract between a tenant and a landlord, and breaking a lease is a breach of this contract. However, you may find yourself with a valid reason for needing to break your lease, such as moving to another city. In this case, it is important to familiarise yourself with your province's legal requirements to terminate a lease.

Firstly, you need to know whether you have a "Fixed" or "Periodic" term lease. A Fixed Term is a lease with a specified end, while a Periodic Term is a lease that runs month-to-month, week-to-week, or for another predetermined time. For a periodic lease (year-to-year, month-to-month, or week-to-week), the tenancy is automatically renewed for the same term unless proper notice of termination is served.

If your lease period is on a month-to-month basis, one month's written notice is required to terminate the arrangement. If your lease period is on a year-to-year basis, three months' written notice prior to the anniversary date is required to terminate the arrangement.

It is always advisable to provide your landlord with as much notice as possible and, wherever permissible, offer to help find a replacement tenant.

It is worth noting that New Brunswick has the fewest protections for tenants compared to anywhere else in Canada. There are no rent controls, no eviction prevention programs, no landlord licensing requirements, and no right to maintain occupancy at the end of a lease agreement. However, you can refer to the New Brunswick rental board website for more information on your rights as a tenant.

Frequently asked questions