New Brunswick Notice Periods by Tenancy Type — A Landlord's Quick Reference
Every Notice Period in One Place
New Brunswick landlords don't have a single "standard notice period." The required notice depends on two things: the ground for termination and the type of tenancy. For notices under Section 24.12, an RTO may set the notice aside if the landlord cannot establish a permitted ground, or may confirm it and vary its termination date.
Here's how the notice periods work under the Residential Tenancies Act for each tenancy type and termination ground.
Nonpayment of Rent — All Tenancy Types
The Notice to Vacate under Section 19(1) applies to every type of tenancy. The tenant gets 7 days to pay the full arrears. For an ordinary notice, payment of all rent due within that period cancels the notice. A repeat Notice to Vacate may remain effective despite payment if it says payment will not continue the tenancy, as allowed by Section 19(6).
For repeat nonpayment, if you previously served the tenant with a Notice to Vacate under Section 19(1), you may state on the new notice that payment will not continue the tenancy. The Act also preserves this rule for a Notice to Quit served by an RTO before Section 19(6) came into force.
Personal Use, Conversion, or Demolition — Section 24.12
For these grounds, the notice period depends on the tenancy period under Section 24(1):
Week-to-week tenancy: at least 1 week's notice, effective on the last day of a rental week.
Month-to-month tenancy: at least 1 month's notice, effective on the last day of a rental month.
Year-to-year tenancy: at least 3 months' notice, effective on the last day of the tenancy year.
A fixed-term tenancy ends on its agreed end date; no landlord notice is necessary for that expiry. For long-term tenancies occupied by the same tenant for five consecutive years or more, Section 24.6 requires at least 3 months' notice before the end of a month.
The family members who qualify for personal-use termination under Section 24.12(1)(a) are limited to: the landlord, the landlord's spouse, a child of the landlord, a parent of the landlord, or a parent of the landlord's spouse. Siblings, nieces, nephews, and friends do not qualify.
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Major Renovations — Section 24.13 and Regulation 17.3
Renovation terminations require prior written approval from a Residential Tenancies Officer before any notice is served. After approval, the notice period follows Section 24(1), or Section 24.6 for a long-term tenancy.
The five-part test under Regulation 17.3 requires: permits obtained, good-faith intention, vacant possession necessary, work necessary to sustain the building, and termination as the only reasonable way to achieve vacancy.
A landlord may not serve a renovation notice without prior RTO approval.
Material Breach, Damage, or Nuisance — Section 5 and 5.1
A landlord cannot unilaterally issue a Notice to Quit for breach. The process runs through the Tribunal:
- Serve a written complaint under Section 5(1). Conduct complaints require immediate compliance; other complaints give the tenant 7 days under Regulation 82-218, Section 4.
- If the tenant does not comply, notify the RTO under Section 5(2). The Officer may investigate and set a further compliance time.
- If the tenant still does not comply, the RTO may serve a Form 4 Notice to Quit and set the vacate date under Section 5(4) and Regulation 82-218, Section 4.1.
The notice period is at the Officer's discretion, based on the severity and nature of the breach.
Employment-Linked Tenancies — Section 24.12(1)(d)
Where a tenancy is tied to employment (caretaker, property manager), termination follows the statutory periodic notice windows when the employment relationship ends.
Mobile Home Sites — Sections 25.1 to 25.6
Mobile home site tenancies have their own regime: the landlord must give 6 months' notice under Section 25.51(1), subject to the grounds in Section 25.6(1). The tenant may terminate during that period with 1 month's notice under Section 25.6(8).
Long-Term Tenancies (5+ Years) — Sections 24.2 to 24.6
After 5 consecutive years of occupancy by the same tenant, Sections 24.2 to 24.6 apply and the tenancy is deemed month-to-month by law, regardless of any fixed-term contract. Landlords may terminate only on the grounds in Section 24.12 or, for renovations or repairs, after approval under Section 24.13; Section 24.6 requires at least 3 months' notice before the end of a month.
Date Alignment Rules
Notice periods in New Brunswick must align with rental periods. Section 24(1) makes periodic-tenancy notices effective on the last day of the relevant rental period. Under Section 1(1.1), a one-month notice is sufficiently served on the first day of that month; a notice of two or more months is sufficiently served on the first day of the first month in the notice period.
If the notice is sent by mail, it is deemed served on the third day after mailing. Personal delivery takes effect on the delivery date.
For a notice under Section 24.12, the RTO must set it aside if the landlord cannot establish a permitted ground; if the landlord establishes the ground, the Officer may confirm the notice and vary its termination date.
Getting It Right the First Time
The notice period table looks simple, but the interaction between ground, tenancy type, service method, and date alignment catches landlords regularly. One miscounted day or one wrong form resets the entire timeline.
The Ending a Tenancy in New Brunswick guide includes worked date-calculation examples for each combination, a service proof log, and the date-alignment rules built into a step-by-step workflow — so you calculate the dates once, correctly.
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