New Brunswick 5-Year Tenant Rule: Long-Term Tenancy Protections

A tenant who has lived in your New Brunswick rental for five consecutive years has different legal protections than a tenant who moved in last year. Many landlords discover this only when they try to end the tenancy — and find that their usual options are off the table.

What the Five-Year Rule Actually Does

Under Sections 24.2 through 24.6 of the Residential Tenancies Act, any tenancy (excluding mobile home sites) where the same tenant has continuously occupied the premises for five years or more is treated as a long-term tenancy by operation of law. Two things change immediately:

The tenancy becomes month-to-month. Regardless of what the lease says — even if you signed a fixed-term agreement — Section 24.3 deems all long-term tenancies to be periodic month-to-month tenancies. A landlord cannot enforce a fixed-term end date against a five-year tenant.

The landlord’s notice period changes. A landlord must give at least three months’ notice to terminate a long-term tenancy. The general statutory grounds for termination still apply.

The Grounds That Remain Available

Even with a long-term tenant, you can still terminate for:

• Nonpayment of rent — the standard seven-day Notice to Vacate still applies, regardless of how long the tenant has lived there
• Material breach, damage, or nuisance — through the complaint-and-investigation process with a Residential Tenancies Officer
• Personal or family occupation under Section 24.12 — three months' written notice, good-faith requirement
• Non-residential use under Section 24.12 — three months' notice
• End of related employment under Section 24.12 — when the employment that relates to maintaining or managing the premises ends
• Major renovations under Section 24.13 — prior written approval from a Residential Tenancies Officer required under Regulation 17.3

What you cannot do is terminate simply to re-let the unit at a higher rent, install a different tenant, or because the original fixed-term lease has ended.

Notice Periods for Long-Term Tenancies

Because long-term tenancies are deemed month-to-month, a landlord must serve notice at least three months before the expiration of a month, to be effective on the last day of that month.

The Asymmetry That Surprises Landlords

The five-year rule creates an asymmetry: a long-term tenant needs one month's notice to leave, while a landlord needs three months' notice plus a qualifying statutory ground. This is deliberate — the legislature intended to provide security of tenure to tenants who have established long-term residency.

How to Count Five Years

The five-year clock runs from the date the tenant first occupied the unit. It is continuous occupation by the same tenant — interruptions reset the clock. A lease renewal, a rent increase, or a change in the landlord (through property sale) does not break continuity. If the tenant was there on January 1, 2022 and has remained continuously, the long-term protections kick in on January 1, 2027.

The Ending a Tenancy in New Brunswick guide covers the five-year rule in detail, including how it interacts with property sales and renovation terminations, and the specific documentation the Tribunal expects when reviewing a long-term tenancy termination.

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