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.

The Mandatory Standard Form of Lease

All residential landlords in New Brunswick are legally required to use the provincial Standard Form of Lease.

The Residential Tenancies Act 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 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.

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 is automatically void. Specifically, landlords cannot include clauses that:

1. Demand "Key Money": Landlords cannot ask for non-refundable key deposits, standard cleaning fees, application fees, or "holding deposits" outside of the regulated security deposit limit of one month's rent.
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 TLRO's statutory Notice to Vacate procedure.
4. Mandate Unregulated Rent Increases: Any clause attempting to bypass the 3% cap, or the 6-month notice requirement, is void.
5. Permit Unnotified Entry: The landlord must provide 24 hours' notice to enter the unit (unless an emergency or the tenant requested maintenance in writing). A lease cannot grant the landlord 24/7 unannounced access.

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 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.

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