New Brunswick Lease Requirements: The Standard Form

Creating a legally compliant lease in New Brunswick is straightforward because the provincial government provides the exact document you must use. Bypassing this standard form or attempting to write your own lease from scratch exposes landlords to significant legal risk under the Residential Tenancies Act, which officially commenced on 1 January 1983.

The Mandatory Standard Form of Lease

All residential landlords in New Brunswick are legally required to use a written lease, and the provincial Standard Form of Lease (Form 6) is mandated under Section 9 of the Residential Tenancies Act, 1975 and its regulations.

The Residential Tenancies Act, 1975 explicitly prohibits landlords from fundamentally altering, crossing out, or deleting any of the mandatory sections found within this standard document. Any attempt to remove tenant rights guaranteed in the Standard Form is considered void and unenforceable.

Both the landlord and the tenant must sign two duplicate original copies of the lease. Each party retains one signed original for their records. The lease will define whether the tenancy is:

1. Fixed-Term
2. Month-to-month
3. Year-to-year
4. Week-to-week

Written vs. Oral Agreements

While a written lease (using the Standard Form) is legally required and highly recommended to ensure clarity, New Brunswick law still protects tenants if a landlord fails to provide the written form.

If a landlord and tenant enter into an oral ("by parol") agreement to rent an apartment, the law dictates that they are "deemed" to have signed the Standard Form of Lease.

This means that even without a signed contract, the default rules of the Residential Tenancies Act, 1975 and the clauses contained within the standard lease overwhelmingly apply. Landlords cannot use the absence of a written lease to bypass rent control caps, security deposit limits, or maintenance obligations.

Adding Custom Clauses

While a landlord cannot alter the core clauses of the Standard Form, they can attach addendums or additional rules, provided those rules do not conflict with the Residential Tenancies Act, 1975.

Permitted Customizations include:

• Pet policies (e.g., "No Pets Allowed," size limits).
• Smoking policies (e.g., prohibiting smoking entirely inside the unit or on balconies).
• Usage of shared building amenities (like laundry rooms or pools).
• Rules regarding noise and quiet hours.
• Specific clauses relating to tenant-paid utilities.

Prohibited Clauses (Void Terms)

Any clause in a lease or addendum that contradicts the Residential Tenancies Act, 1975 is automatically void. Specifically, landlords cannot include clauses that:

1. Demand "Key Money": Under Section 8, landlords cannot ask for non-refundable key deposits, standard cleaning fees, application fees, or "holding deposits." Security deposits are limited to one month's rent (or three months for mobile home sites) and must be remitted to the Tribunal within 15 days.
2. Force the Tenant to Pay for Routine Maintenance: Landlords cannot shift the legal burden of providing a habitable dwelling onto the tenant.
3. Waive Eviction Notice Requirements: A lease cannot state that a landlord can evict a tenant immediately without utilizing the Tribunal's statutory Notice to Vacate procedure. Under Section 19, if rent is unpaid, the tenant has 7 days from the date of service to pay the full rent to cancel the notice; otherwise, they must vacate by the date specified (at least 15 days after service).
4. Mandate Unregulated Rent Increases: Under Section 11.12, rent increases are capped at 3% annually (effective February 1, 2025) and can only occur once every 12 months. Any clause attempting to bypass this cap, the mandatory 6-month notice requirement for periodic tenancies, or the tenant's right to have the Tribunal review the increase for reasonableness, is void.
5. Permit Unnotified Entry: Under Section 16, landlords must provide at least 7 days' written notice for routine maintenance and 24 hours' written notice for inspections or viewings. Entry is restricted to 8:00 AM to 8:00 PM, Monday through Saturday; entry on Sundays or holidays is prohibited unless there is an emergency or the tenant consents. No notice is required for emergencies or if the tenant requested repairs in writing (within 2 business days of the request).

Subletting and Assignment

The Standard Form of Lease addresses subletting. While a landlord cannot unreasonably withhold consent for a tenant to assign or sublet their unit, the lease can stipulate that the tenant must formally request the landlord's written consent first. The original tenant remains fully responsible for the lease during a sublet, whereas an assignment formally replaces the tenant entirely.

How Landager Helps

Managing properties in New Brunswick presents unique administrative challenges, most notably the requirement to remit all residential security deposits to the Service New Brunswick Residential Tenancies Tribunal within 15 days of collection. Missing this deadline is a compliance violation. Landager's comprehensive platform aids NB landlords by completely automating the tracking of these crucial deposit timelines, ensuring seamless operations. Furthermore, the platform expertly manages complex notice schedules—such as the mandatory 6-month notice for rent increases (adhering to the 3% annual cap) or the 15-day notice to vacate for non-payment, which includes the critical 7-day statutory period for tenants to pay arrears and cancel the notice—maintaining immaculate digital records of all communications. Whether managing a multifaceted residential portfolio or overseeing commercial leases, Landager shields you from costly administrative missteps and ensures you always have rigorous, RTA-compliant documentation readily available.

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