The standard lease

A lease creates a contract between a landlord and a tenant when renting a residential property. We highly recommended a written lease because it clearly specifies what a landlord and tenant are agreeing to when renting a property.

If there is no written lease, all of the requirements of the Residential Tenancies Act and the Standard Form of Lease still apply.

In New Brunswick, we offer a Standard Form of Lease that can be used to create a lease agreement between a landlord and tenant. A completed Standard Form of Lease outlines all the terms and conditions agreed to by both parties. If a problem or disagreement arises, review your lease.

Both the landlord and tenant must each have a signed copy of the lease. All sections are mandatory, and any additions to the lease must appear on both signed copies.

When more than one tenant is named on the lease agreement, they are all equally responsible for the rental unit including any damages and paying the full rent amount. To learn more:

Roommate agreement

A Standard Form of Lease cannot be changed, except with proper notice for long-term or mobile home site tenants, or if the landlord and tenant agree to the change. To learn more:

Changing a lease

A landlord must provide written notice to increase rent. How much notice is required depends on the term of the lease, and how long the tenant has lived in the rental unit. To learn more:

Rent increases

A tenant can assign their lease to a new tenant however, they may need consent from the landlord. To learn more:

Assigning and subletting

Either a tenant or landlord can end a lease as long as the other party is given the proper amount of notice required according to the term of their lease. To learn more:

Ending a lease

A lease cannot take away a right or responsibility under the Residential Tenancies Act.

Term (length) of a lease

The length of a lease is either a fixed-term or periodic.  

Fixed-term

A fixed-term lease automatically ends at the end of the agreed period.

Periodic

Unlike a fixed-term lease, periodic means it has no end date and automatically renews unless the landlord or tenant provide proper notice to end the lease. A periodic tenancy can be:

• Week-to-week
• Month-to-month
• Year-to-year

You can get printed copies of the Standard Form of Lease at any Service New Brunswick service centre, or you can download and print them yourself. Both the landlord and tenant must each have a signed copy of the lease.

The contents of a lease must not contradict the laws of renting in New Brunswick. A completed Standard Form of Lease includes details such as:

• Contact information for the landlord and tenant
• Rent amount and any late payment fees
• Smoking and pet policies
• Any additional by-laws or rules
• Term (length) of the lease
• Included services or furnishings (if any)
• Security deposit amount
• Rules about assigning a lease to a new tenant
• Signatures

Protect yourself by reading and fully understanding your lease before you sign.

For example, some lease agreements may limit the number of parking spaces available to you. It’s important to be aware of any limitations before entering into a lease agreement.

If you have questions about the terms and conditions of your lease, we encourage you to contact the Tenant and Landlord Relations Office at 1-888-762-8600 or by email at [email protected] before signing.