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Housing and Property
Landlords and Tenants
Renting a place to live involves a contract between a landlord and tenant. In New Brunswick, the Residential Tenancies Act covers the relationship between landlords and tenants. The Act sets out the rights and responsibilities of landlords and tenants. It regulates such matters as rent increases and ending a tenancy. It also provides for the appointment of officials as rentalsmen who can help both landlords and tenants in settling disputes.
The purpose of this booklet is to answer some of the questions commonly asked about landlord and tenant relationships. The booklet does not contain a complete statement of the law in the area of tenancy and laws change from time to time. Anyone requiring specific legal advice on his or her own situation should contact a rentalsman or a lawyer.
Leases - What is a lease? A lease is an agreement that regulates the relationship between landlord and tenant. In New Brunswick, the landlord and tenant must sign a prescribed form of lease, called the Standard Form of Lease. The lease sets out the rights and responsibilities of both the landlord and tenant.
What if the tenant and landlord do not sign a lease? Every rental agreement implies rights and responsibilities. Even if the landlord and tenant did not sign a lease, the Residential Tenancies Act still regulates the relationship.
May the landlord and tenant agree to additional conditions? Yes, the landlord and tenant may agree to additional conditions such as keeping pets, setting up water beds, or having boarders. The lease also lets the landlord and tenant decide about other matters. These may include, for example, heat, cable television, parking or snow removal. However, neither the landlord nor the tenant may remove any of the mandatory rights or responsibilities in the lease.
Does the Act apply to all rental units? The Act only applies to residential premises such as homes, apartments and mobile home sites. It does not apply to roomers, boarders, students living in residence, vacation accommodations, or business premises.
Security Deposits - What is a security deposit? A security deposit is a sum of money that a landlord requires a tenant to pay at the beginning of a lease. It may be thought of as a sign of good faith on the part of a tenant.
Landlords have the right to ask for a security deposit. However, they cannot ask for any amount they wish. The security deposit can never be more than one month's rent.
May the landlord ask for a prepayment of the last month's rent? No. The landlord cannot ask for the last month's rent in advance.
Who holds the security deposit? If the landlord requires a security deposit, the tenant may pay it to a rentalsman or the landlord. The rentalsman holds it in a separate fund. If the tenant pays the security deposit directly to the landlord, the landlord must deliver it to the rentalsman within 7 days. It is an offence for the landlord not to deliver security deposits to the rentalsman. The rentalsman's office only accepts cash, money orders or certified checks but some offices are now able to take debit cards and credit cards. After the rentalsman receives a security deposit, he or she will send a certificate to both parties. The certificate will state the amount of the deposit and the premises covered by it.
Who gets the security deposit when the tenant moves? At the end of the tenancy, the landlord has 7 days to make a claim against the security deposit. The landlord may claim to recover costs for physical damage, cleaning or rent left owing when the tenant leaves. If the tenant keeps the premises in good condition and pays the rent he or she should get the deposit back.
How does the tenant get the security deposit returned? The tenant may ask the rentalsman to return the security deposit any time after the lease ends. The request must be in writing and forms are available from the rentalsman for this purpose. If the landlord has not claimed the security deposit, or if there is any left, the rentalsman will return it to the tenant.
Tenants and landlords should always inspect the premises together both before and after the tenancy. This is a good way to reach agreement about the landlord's claim against the deposit when the tenancy ends. However, if there is a dispute over the security deposit, the rentalsman will investigate and decide how to divide the money.
What can the landlord do if the security deposit does not cover losses? The landlord may start an action in court against the former tenant for losses not covered by the security deposit. If the claim is below the small claims limit that process may be used.
Landlord and Tenant Responsibilities - What are the landlord's responsibilities? The landlord must always keep the rented premises and common areas habitable, safe, and in a good state of repair. The same is true for any chattels provided such as stove and fridge. The landlord must also follow all health, safety, housing and building standards.
What are the tenant's responsibilities? The tenant must keep the rented premises clean. The tenant is also responsible for any damage, disturbance or nuisance that he or she causes.
What if the landlord or tenant does not live up to his or her responsibilities? If the parties do not live up to their responsibilities, the Residential Tenancies Act provides remedies. In short, the tenant who does not meet his or her responsibilities risks having the landlord end the tenancy. The landlord who does not meet his or her responsibilities could lose rent money which the rentalsman may apply to remedy a problem.
Repairs and Maintenance - What repairs and maintenance must the landlord do? The landlord must fix anything that the tenant pays rent for that breaks or does not work properly. For example, if the rented premises came with a fridge and stove the landlord must fix them when they break. The landlord is also responsible for maintaining and repairing common areas. These include halls, lobbies, stairways, elevators, security systems, swimming pools, laundry and garbage rooms.
Is the tenant responsible for any repairs? The tenant must repair anything on the rented premises which the tenant or his or her guests are responsible for wilfully or negligently damaging. Tenants are also responsible for cleaning their own rented premises including, for example, defrosting and cleaning the appliances.
Should the tenant withhold rent if the landlord is not making repairs? No. A tenant cannot force a landlord to meet his or her responsibilities, such as making repairs, by withholding the rent. A tenant should always start by calling, and then writing, the landlord or superintendent. The tenant should explain what is wrong and ask to have it fixed. If the tenant has done this and the landlord has not fixed the problem, then the tenant should contact the rentalsman. The rentalsman can explain the options available to the tenant. The rentalsman has the authority to apply rental money towards repairs. Depending on the problem, it may also be appropriate for the tenant to call a building, health or fire inspector.
Entry and Privacy - Can the landlord enter rented premises at anytime? A landlord can normally enter rented premises only after giving advance notice to the tenant or with the tenant's consent. The times of advance notice vary according to the situation. For example, if the landlord intends to carry out repairs, the tenant must have 7 days notice, preferably in writing. For general inspection and to show the premises, the landlord must give 24 hours notice, preferably in writing. Entry must be between 8 a.m. and 8 p.m. and on a day other than Sunday or a holiday. In an emergency the landlord may enter at any time.
Rent Increases - Can the landlord increase the rent at anytime? A landlord can only increase the rent if he or she gives the tenant advance written notice of rent increase. The amount of advance notice varies with the type of tenancy. However, there is no situation that requires less than two months notice. For example, in a month to month lease, for an increase to take effect on December 1st, the tenant should receive written notice no later than October 1st. If the tenant has lived in the premises for more than five years though, the notice of increase must be three months.
What if the tenant feels he or she did not get proper notice of a rent increase? If the tenant feels that the landlord has not followed the law in giving notice, the tenant can contact the nearest Office of the Rentalsman.
What if the tenant would rather move than pay more rent? If the tenant gets notice of a rent increase, he or she may treat it as a notice of termination. The tenant may then give the landlord appropriate written notice that he or she intends to end the tenancy.
Ending a Lease How does a lease end?
A lease can end in several ways. A lease for a fixed term ends automatically at the end of the term. However, the landlord or tenant can end a tenancy that runs week-to week, month-to-month or year-to-year by giving notice of termination. The notice of termination must always be in writing. The time required for this notice differs according to the type of lease involved. For example, in a year-to-year tenancy, notice must be given at least three months before the anniversary date of the lease. If the tenancy is month-to-month, then one month's notice is required.
A notice of termination must be received a full period before the date on which it is to take place. Consider a tenant in a month-to-month tenancy who wants to end the lease. If the rent is due on December 1st, the landlord must receive the notice by December 1st for it to be effective for December 31st. If the tenant mails the notice, he or she must allow three days for it to arrive.
What if a tenant has rented the same place for a long time? If a tenant has occupied a rental unit for 5 years or more, the landlord cannot end the tenancy unless the tenant breaks a condition of the lease or the landlord needs the unit for a close family member or plans to make major changes to it. A tenant who has rented the same unit for at least 5 years may end the tenancy by giving one month's notice.
Can the landlord end the tenancy if the tenant does not pay the rent? If the tenant does not pay the rent when it is due, the landlord can take immediate action to end the tenancy. He or she can serve the tenant with a notice to vacate, giving the tenant 20 days to leave. If the landlord waits 10 days before acting on the non payment of rent, he may serve a notice to vacate giving the tenant 10 days to leave. The landlord must give a copy to the Rentalsman within 7 days of serving the notice. The tenant has 7 days to pay all the rent after receiving the notice. If the tenant pays in this time, then the notice does not take effect.
If the rent is late again, the landlord does not have to give the tenant a second chance. At this point the landlord may give the tenant a final notice to vacate. The tenant may have to leave by the date in the notice. The tenant is still responsible for paying the rent.
Can the landlord end the tenancy if the tenant breaks a condition of the lease? If the tenant breaks a condition of the lease, other than rent, the landlord may serve him or her with a written notice of complaint. The tenant has 7 days to set matters straight. If the tenant does not do so, the landlord may inform the rentalsman by sending a copy of the notice served on the tenant. The rentalsman has the authority to investigate including inspecting the premises. The rentalsman may require the tenant to fulfil his or her responsibilities. If the tenant does not, the landlord can ask the rentalsman to serve a written notice to quit on the tenant.
In an emergency, the landlord may contact the rentalsman directly without the usual notices and waiting periods. The rentalsman may then investigate immediately.
What can the tenant do if the landlord does not meet a condition of the lease? If the landlord has breached any of his or her responsibilities, the tenant may serve a written notice of complaint on the landlord. The landlord must fulfil his or her responsibilities within 7 days of getting the notice. If not, the tenant may inform the rentalsman attaching a copy of the notice of complaint served on the landlord. The rentalsman has the authority to require the landlord to live up to his or her responsibilities.
In an emergency, the tenant may contact the rentalsman directly without the usual notices and waiting periods. The rentalsman may then make an immediate investigation.
What if the tenant breaks the lease and just moves away? The tenant has a contract with the landlord. If the tenant moves without giving proper notice or assigning or subletting the tenancy, there will be consequences. The landlord must make a reasonable effort to reduce his or her losses by finding a new tenant for the remainder of the term. However, the tenant may be liable for the rent if the landlord cannot find a new tenant.
Assignment and Subletting - How can the tenant get out of a lease early? If the tenant needs to end a lease early, he or she can ask the landlord to agree to this. The agreement should be in writing. If the landlord will not agree the tenant may be able to sublet or assign the tenancy to someone else.
A sublet is referred to in the lease as a partial assignment. This means the tenant rents his or her place to somebody for a portion of the lease. The tenant may move back when the sublet ends. If the subtenant has caused damage or owes rent, it could put the tenant's security deposit and lease at risk. The landlord must send the tenant a copy of any notice served on the subtenant.
If the tenant does not intend to move back, he or she may prefer to assign the tenancy. In this case the tenant gives the right to the tenancy to someone else who becomes the new tenant. The original tenant is no longer responsible for the rented premises.
Can the landlord refuse to let the tenant sublet or assign the tenancy? If there is no lease, the landlord cannot stop assignment. If there is a lease, it will depend on what it says. For example, the lease may not permit the tenant to assign or sublet or, it may say the tenant must get the landlord's consent to do so.
If the lease requires landlord consent, the tenant must inform the landlord. The landlord has 7 days to reply. The landlord cannot refuse without a good reason. If there is no reply in this time, the tenant may assume the landlord consents.
Does the tenant have to pay the landlord a fee to assign or sublet? The landlord may charge a fee to cover expenses where the lease requires consent to assign tenancy rights. However, he or she cannot charge more than $20.00.
What if the landlord sells the rental property? When the landlord sells the property, he or she must send proper notice to the rentalsman and the tenant. The person taking over the property becomes the new landlord. He or she assumes the responsibilities under the existing lease agreements.
Evictions - Can the landlord evict a tenant who will not leave after getting proper notice? If the tenant will not leave after receiving proper notice, the landlord can ask the rentalsman for help. The rentalsman may get an order for the sheriff and his or her officers to remove the tenant from the premises.
The landlord cannot take possession of the rented premises without such an order. The landlord does not have the authority to evict the tenant by preparing his or her own written or verbal eviction notice. Only the sheriff may evict the tenant.
Can the landlord change the locks? Neither the landlord nor the tenant may change the locks unless they both agree, or the rentalsman authorizes the change. The landlord cannot try to evict the tenant by locking him or her out. If the landlord does this, the tenant can take legal action to get back in the rented premises.
Can the landlord evict a tenant for complaining to the rentalsman? No, the landlord cannot force a tenant to move out because of a complaint. Nor can the landlord try to get rid of a tenant by increasing the rent immediately following a complaint.
If the landlord takes these actions the tenant can contest. To do so, the tenant must inform the rentalsman within 15 days of receiving a notice from the landlord. The landlord must satisfy the rentalsman that he or she did not serve the notice to get even for a complaint. If the rentalsman concludes it was in retaliation, the notice will not be valid.
Human Rights - What if a tenant or person looking for accommodation faces discrimination? The New Brunswick Human Rights Act forbids discrimination on a number of prohibited grounds. These are race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex.
Landlords cannot screen prospective tenants or otherwise attach conditions of tenancy on the basis of these prohibited grounds of discrimination. If somebody faces such discrimination, he or she should contact the New Brunswick Human Rights Commission.
Offences - Is it an offence for landlords or tenants not to meet their responsibilities? The Residential Tenancies Act creates offences for certain violations of the Act. For example, it is an offence for landlords not to deliver security deposits to the Office of the Rentalsman. It is also an offence for landlords or tenants to change the locks without consent or permission from the rentalsman. The Provincial Offences Procedure Act sets out the penalties and fines. Depending on the offence, fines can range up to $7500.
The Office of the Rentalsman - What is a rentalsman office? Rentalsmen are the officials appointed under the Residential Tenancies Act. They are responsible for informing the public about tenancy matters and receiving complaints from landlords or tenants. They may conduct an investigation. Rentalsmen will try to settle disputes between landlords and tenants. There is a chief rentalsman and six regional rentalsmen offices in the province.
Does it cost money to use the services of the Office of the Rentalsman? No. The Office of the Rentalsman provides services to both landlords and tenants free of charge. Interest earned on security deposits and landlord administration fees helps to defray the expenses of the Office.
Appeals - Can a landlord or tenant appeal the decision of the rentalsman? Yes. Any landlord or tenant may appeal a decision or notice that he or she receives from the rentalsman. However, they have only 7 days from receiving the notice in which to so. In this time, they must apply to the Court of Queens Bench to review and set aside the decision or notice. They may only appeal if the rentalsman did not have jurisdiction in the matter or if there was an error of law. Landlords or tenants who wish to appeal should consider getting a lawyer's opinion. A lawyer can determine whether these grounds exist in their case.
For more Landlord/Tenant Information check out the Rentalsman’s website at http://www.snb.ca/irent. Or, contact the Office of the Rentalsman nearest you. These are:
Bathurst Area Rentalsman
Executive Tower • PO Box 5001 • 161 Main Street • Bathurst, NB • E2A 3Z9 • 547-2162 • fax 547-2106
Campbellton Area Rentalsman
City Centre Mall • PO Box 5001 • 157 Water Street • Campbellton, NB • E3N 3H5 • 789-2362 • fax 789-4866
Edmundston Area Rentalsman
Carrefour Assomption • PO Box 5001 • 121 de l'Église Street, Room 212 • Edmundston, NB • E3V 3L3 • 735-2096 • fax 737-4427
Fredericton Area Rentalsman
City Centre • PO Box 1998 • 432 Queen Street • Fredericton, NB • E3B 1B6 • 453-2557 • fax 457-7289
Moncton Area Rentalsman
Place 1604 • 200 Champlain Street • Dieppe, NB • E1A 1P1 • 856-2330 • fax 856-3177
Saint John Area Rentalsman
King's Square North • PO Box 5001 • 15 King's Square North, 2nd Floor • Saint John, NB • E2L 4Y9 • 658-2512 • fax 658-3096
Public Legal Education and Information Service of New Brunswick is a non-profit organization. Its goal is to provide New Brunswickers with information about the law.
PLEIS-NB receives funding and in-kind support from the Department of Justice Canada, the New Brunswick Law Foundation, and the New Brunswick Department of Justice and Consumer Affairs.
PLEIS-NB wishes to acknowledge the help and cooperation of the Office of the Rentalsman in the preparation of this booklet.
Published by:
P.O. Box 6000
Fredericton, N.B.
E3B 5H1
CANADA
Tel: (506) 453-5369
Fax: (506) 462-5193
Email: pleisnb@web.ca
Revised: July 2009
ISBN: 1-55048-996-8
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Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.
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