New Brunswick Commercial Property Laws: Landlord Guide

Unlike residential tenancies, which are heavily regulated by the Residential Tenancies Act to protect tenants, commercial tenancies in New Brunswick operate under a framework that favors freedom of contract. The relationship between a commercial landlord and their tenant is primarily governed by the terms negotiated in the commercial lease agreement and the Landlord and Tenant Act (RSNB 1973, c L-1), which took effect on 1 October 1974.

The Supremacy of the Commercial Lease

In New Brunswick, there is no single, robust "Commercial Tenancies Act" designed to regulate every interaction. Instead, older legislation like the Landlord and Tenant Act (which applies primarily to non-residential properties) provides a baseline, but the specific commercial lease agreement dictates almost entirely:

• Rent amounts, increases, and notice periods
• Security deposit limits and return conditions
• Who pays for maintenance and structural repairs
• Penalties for late rent
• Grounds for eviction and termination

Because the province considers commercial landlords and business tenants to be relatively equal parties, courts will typically enforce whatever is written in a properly executed lease.

Key Differences from Residential Tenancies

Security Deposits

In New Brunswick's commercial sector, the law does not dictate a maximum security deposit. While residential landlords must remit deposits to the Tenant and Landlord Relations Office (TLRO), a commercial landlord can negotiate the deposit amount (commonly 1–3 months' rent) and hold those funds themselves. The lease must detail exactly how the deposit is held, what deductions are permitted (e.g., unpaid rent, damage beyond normal wear), and the timeline for its return.

For more detail, see our Commercial Security DepositsPreview unavailable guide.

Rent Increases

Commercial rent increases in New Brunswick are not subject to the 3% provincial rent cap that impacts residential properties. Increases—including the amount and required notice periods—are solely determined by the lease. Common mechanisms include fixed annual percentage increases, adjustments tied to the Consumer Price Index (CPI), or periodic market rent assessments.

For more detail, see our Commercial Rent IncreasesPreview unavailable guide.

Eviction Procedures

Evicting a commercial tenant for non-payment of rent or a breach of lease relies on the Landlord and Tenant Act and the specific termination clauses in the lease.

Under s.8(1) of the Landlord and Tenant Act, there is an implied right for the landlord to re-enter the premises if rent is in arrears for fifteen days, unless the lease states otherwise. Unlike residential rules, which require Tribunal intervention, a commercial landlord often has the right of re-entry or forfeiture if a tenant fails to pay rent. If the tenant defaults, the landlord may be able to lock out the tenant without a court order, though legal consultation is strongly advised before taking self-help measures.

For more detail, see our Commercial Eviction ProcessPreview unavailable guide.

Triple Net (NNN) Leases and Maintenance

Commercial leases often shift the burden of property taxes, insurance, and maintenance expenses to the tenant. Under a Triple Net (NNN) lease—common in retail and industrial spaces—the tenant pays their share of almost all building operating costs.

In terms of physical maintenance, the lease will clearly divide responsibilities. Typically, the landlord maintains the fundamental structural elements (roof, foundation, exterior walls) and common areas, while the tenant maintains the interior of their specific premises, including HVAC units dedicated to their space.

For more detail, see our Commercial Maintenance ObligationsPreview unavailable guide.

Disclosures and Lease Requirements

There is no mandatory "Standard Form of Commercial Lease" in New Brunswick. Every lease is custom-drafted. Mandatory disclosures (like historical environmental hazards) are typically flushed out during the commercial due diligence phase, rather than through standardized government forms.

• Commercial Lease RequirementsPreview unavailable
• Commercial Required DisclosuresPreview unavailable
• Commercial Late FeesPreview unavailable

Getting Started with Compliance

Because commercial compliance in New Brunswick relies almost entirely on tracking your specific contractual obligations, standardizing your property management software is crucial. Landager helps you digitize custom lease agreements, set automated reminders for built-in CPI rent escalations, and track your tenants' Triple Net (NNN) expense reconciliations to ensure nothing slips through the cracks.

How Landager Helps

Managing commercial properties in New Brunswick presents unique administrative challenges, most notably the reliance on custom lease agreements and the need to track specific contractual obligations. Landager's comprehensive platform aids NB commercial landlords by completely automating the tracking of these crucial lease terms, ensuring seamless operations. Furthermore, the platform expertly manages complex notice schedules and tracks your tenants' Triple Net (NNN) expense reconciliations, maintaining immaculate digital records of all communications. By overseeing commercial leases, Landager shields you from costly administrative missteps and ensures you always have rigorous, statutory-compliant documentation readily available.