New Brunswick Required Disclosures: Lead Paint and Habitability

Unlike many jurisdictions in the United States that have long lists of statutory, proactive disclosures, New Brunswick's Residential Tenancies Act (effective 1 December 1975) focuses more heavily on the overarching requirement of maintaining safe and habitable premises. However, there are still critical disclosures landlords must make, largely driven by federal health regulations.

Federal Disclosure: Lead-Based Paint

One of the few mandatory, proactive disclosures that applies to landlords in New Brunswick stems from federal guidelines regarding homes built prior to 1990, and specifically those built before 1978.

Under federal health and safety regulations (similar to Title X in the US, applied across Canada due to the phasing out of lead paint), landlords renting properties constructed prior to 1978 must address lead-based paint hazards.

If a landlord has actual knowledge of lead-based paint or lead-based paint hazards in the rental unit, they are expected to:

1. Disclose this information to prospective tenants before signing the lease.
2. Provide records/reports detailing the location and condition of the lead-based paint.
3. Keep the property maintained in a manner that ensures paint is not flaking, chipping, or creating lead dust, as this violates the general habitability requirements of the Residential Tenancies Act.

Implicit Disclosures: Mold and Bed Bugs

New Brunswick does not have specific, separate legislation requiring a landlord to affirmatively present a "Mold Disclosure Document" or "Bed Bug History Form" at lease signing. However, landlords operate under strict legal liability to provide a habitable living space.

Mold

Because landlords are required to maintain a unit fit for habitation, knowingly renting a unit with a severe, active mold infestation—without disclosing it and actively remediating it—would be a fundamental breach of the landlord's obligations. If a tenant discovers severe undisclosed mold shortly after move-in, they may have immediate grounds to apply to the Tenant and Landlord Relations Office (TLRO) to break the lease or order repairs.

Bed Bugs

Similarly, landlords are prohibited from knowingly leasing a unit that currently has a bed bug infestation. The provincial consumer affairs department routinely investigates bed bug complaints. If a landlord is found to have rented an infested unit, the TLRO can order the landlord to cover all costs of extermination and potentially compensate the tenant.

The Standard Form of Lease

In New Brunswick, the most significant "disclosure" is the presentation of the lease itself. Landlords must use the provincial Standard Form of Lease.

• The landlord must ensure the tenant receives a duplicate original copy of this exact form.
• By using the mandatory form, both parties are effectively "disclosing" their agreement to the standard rights and responsibilities dictated by the provincial government. Landlords cannot write proprietary leases that attempt to sidestep the disclosures built into the standard form.

Best Practices for Landlord Disclosures

To minimize liability and ensure a transparent relationship with tenants, landlords in New Brunswick should adopt the following procedures:

1. Be Transparent About Property History: If the unit recently underwent remediation for pests, mold, or leaks, inform the incoming tenant that the issue occurred but was fully resolved. This builds trust.
2. Address Hazards Proactively: Never try to conceal a health hazard to get a lease signed. The TLRO will hold the landlord entirely responsible for remediation costs if the property is uninhabitable from day one.
3. Document Move-In Conditions: Utilize a rigorous move-in checklist signed by both parties to record the condition of everything in the unit. Provide the tenant with a copy.

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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 or the precise 15-day notice to vacate for non-payment—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, RT-compliant documentation readily available.