New Brunswick Residential Tenancies Act: What Landlords Need to Know

The Residential Tenancies Act (Acts of New Brunswick, 1975, c. R-10.2) is the statute that controls nearly every aspect of the landlord-tenant relationship in New Brunswick. If you own a rental property in the province, this law determines how you collect deposits, how you raise rent, and — most importantly for many landlords — how you can lawfully end a tenancy.

What the Act Covers

The RTA applies to all residential tenancy agreements, whether signed before or after the statute came into force. It covers fixed-term leases, month-to-month tenancies, week-to-week tenancies, year-to-year arrangements, mobile home site rentals, and rooming houses. It overrides any conflicting clause in a private lease, and it supersedes the older Landlord and Tenant Act for residential matters.

It does not apply to commercial leases, institutional accommodation (hospitals, university residences), emergency shelters, or owner-occupied shared living arrangements where the landlord lives in the same unit and shares common areas with the tenant.

The Key Rules for Landlords

Security deposits are capped at one month's rent (one week's rent for weekly tenancies, or up to three months' rent for mobile home site tenancies) and must be remitted to the Tenant and Landlord Relations Office within 15 days of receipt. Holding the deposit yourself is a statutory violation.

Standard leases must be executed in two duplicate originals using the Standard Form of Lease provided by the Chief Residential Tenancies Officer under Section 9. The landlord and tenant each retain a signed copy.

Termination of an ongoing tenancy requires a process allowed by the Act — nonpayment, failure to meet tenant obligations, personal or family occupation, non-residential use, termination of a related maintenance or management job (except for mobile home sites), or approved renovations or repairs. A fixed-term lease itself ends automatically on its agreed end date; if the tenant stays, the landlord may apply for an eviction order.

Self-help eviction is restricted by Sections 3.1, 14, and 18. A Sheriff executes an Eviction Order issued by a Residential Tenancies Officer or a judge.

The 2023 and 2024 Amendments

New Brunswick overhauled its tenancy rules through two major amendments:

Chapter 27 of 2023 added Section 5.1 for cases where it is inappropriate for the landlord to serve a notice under Section 5, established the five-part Regulation 17.3 test for renovation terminations (permits obtained, good faith, vacant possession necessary, repairs prolong or sustain use of the premises or building, no alternative), set the $500 threshold for abandoned-chattels handling, and repealed several legacy form variants.

Chapter 29 of 2024 (in force February 1, 2025) restricted rent-increase procedures by requiring standalone written notices and gave Residential Tenancies Officers the power to invalidate non-compliant documentation. The 3% annual rent cap continues through the 2027 calendar year.

Tenancy Types and What They Mean for Notice

The Act recognizes distinct tenancy categories, and the notice rules differ for each:

• Fixed-term — expires on the stated end date. No notice is required for expiry, but if the tenant stays and you accept rent, it converts to month-to-month by operation of law.
• Month-to-month — renews automatically. For ordinary tenancies, a landlord’s termination notice must be served at least one month before the end of a rental month and is effective on the last day of that month.
• Year-to-year — renews on the anniversary. A landlord’s termination notice must be served at least three months before the end of the tenancy year.
• Week-to-week — renews weekly. A landlord’s termination notice must be served at least one week before the end of the rental week.
• Long-term (5+ years) — a tenancy occupied by the same tenant for five consecutive years or more (excluding mobile home sites) is deemed month-to-month regardless of the lease; the landlord must give at least three months’ notice to terminate.
• Mobile home sites — a landlord must serve notice at least six months before the expiration of a month.

Who Enforces It

The New Brunswick Housing Corporation is responsible for administering the Act; applications and assistance are provided through the Tenant and Landlord Relations Office and Service New Brunswick service centres. Disputes go to designated Residential Tenancies Officers (the Tribunal), who investigate complaints, mediate, and issue binding orders. Applications to the Court of King's Bench under Section 27 must generally be filed within seven days after notification of the decision or service of the order.

The Ending a Tenancy in New Brunswick guide maps every termination ground to the right notice period, prescribed form, and Tribunal application steps — so you follow the Act correctly from first notice to possession.

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