New Brunswick Fixed-Term Lease Ending: Month-to-Month Conversion Rules

Your one-year lease ends on December 31. The tenant stays. You accept the January rent cheque. You have just created a month-to-month tenancy. Ending that new tenancy requires a permitted statutory ground and the applicable notice period: one month for an ordinary month-to-month tenancy or three months for a long-term tenancy.

How Fixed-Term Leases Expire

A fixed-term lease in New Brunswick expires automatically on its stated end date. No separate notice is required for the lease itself to end. If the tenant vacates on or before the end date, the relationship is over.

The problem arises when the tenant does not leave and the landlord does not act immediately.

The Automatic Conversion Trap

Under the Residential Tenancies Act, if a tenant remains in occupation past the fixed-term end date and the landlord accepts rent for the next period, the lease converts by operation of law into a periodic month-to-month tenancy. This is not something either party needs to agree to — it happens automatically.

Once the tenancy is month-to-month, you cannot end it by pointing to the original lease's end date. The tenancy is now ongoing, and termination requires a recognized statutory ground (personal use, non-residential use, renovation, nonpayment, or breach) plus the applicable notice period — one month for ordinary month-to-month tenancies or three months for long-term tenancies.

How to Prevent Automatic Conversion

If the tenant remains after a fixed-term lease expires, the landlord may apply to the Residential Tenancies Tribunal for an eviction order. A fixed-term lease ends automatically on its agreed end date. If the landlord accepts rent or compensation for use and occupation after that date (other than for past use), the Act treats it as a new tenancy.

If you accept rent for the new period, the term of the new tenancy is determined by the method of rental payment. If rent is paid monthly, the new tenancy is month-to-month and ending it requires a permitted statutory ground and the applicable notice period.

What If the Tenant Overholds Without Paying?

If the tenant remains past the end date without paying rent, you can serve a Notice to Vacate for nonpayment. The tenant has seven days to pay, and the notice must set a vacate date at least 15 days after service. If the tenant does not vacate, file a Landlord Application for Assistance. Do not accept rent or compensation for post-expiry use and occupation if you intend to regain possession; accepting it can create a new tenancy.

Week-to-Week and Year-to-Year Tenancies

The conversion rule works both ways. A week-to-week tenancy continues renewing each week unless terminated with proper notice. A year-to-year tenancy renews on its anniversary unless notice is served within the correct window. In every case, failing to serve timely notice means the tenancy continues.

The Ending a Tenancy in New Brunswick guide covers the timing rules for each tenancy type, with worked examples showing how to align your notice with the lease end date to avoid the automatic-conversion trap.

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