Yes. Two copies of a standardized lease, called the Residential Lease, must be signed by both the landlord and tenant for all tenancies. In situations where the landlord and tenant did not sign the required Residential Lease, its terms will still apply to the tenancy and the tenancy will have a month-to-month term.
Residential Lease forms are available online at the Service New Brunswick website:
Types of rental periods, which determine how long you can stay in the apartment:
- Periodic Lease: the rental period can relate to a calendar week, month, or year
- Fixed Term Lease: lease of predetermined period
Is a signed move in/move out condition report required?
No. The Rentalsman provides an ingoing inspection report form to assist both parties, but completing it is not mandatory.
May the landlord request a security deposit?
Yes, but only equivalent to a maximum of one month’s rent. If collected, the deposit must be paid to the Office of the Rentalsman. The Rentalsman holds security deposits collected by landlords in the province and ensures their return, if applicable. Landlords have 7 days after the tenant moves out to make a claim to the Rentalsman to access security deposit funds for damage, cleaning or rent owing. If no claim is made, the money is returned to the tenant from the Office of the Rentalsman.
May the landlord request key money?
No, requiring key money is illegal.
May the landlord request post-dated cheques?
Yes, landlords may request post-dated cheques if stipulated in the Residential Lease.
May a landlord refuse to rent to a tenant who has pets or smokes?