The New Brunswick Residential Tenancies Act can be a pretty intimidating document for a student renter to try and understand. If you thought a lease was full of legal jargon, try comprehending the RTA! Nonetheless, the RTA is a document that every student renter should have a basic understanding of. Here is a translation of some key sections of the RTA and how they apply to student renters in New Brunswick.



Please note that we are not legal professionals at Places4Students.com and cannot provide legal advice. The following information is a basic overview and interpretation of the RTA, highlighting some important sections that relate to student renters.

1. Does the Residential Tenancies Act apply to on-campus or school-owned housing?



This depends on the type of accommodations provided by the educational institution and whether or not they have self-contained bathroom and kitchen facilities.

(1)(1)(b) …but does not include,

(vi) living accommodations provided by an educational institution to its students where the living accommodations do not have their own self-contained bathroom and kitchen facilities.



2. How much money can a landlord charge for a security deposit?



The maximum security deposit a landlord may charge depends on the tenancy arrangement. If the tenancy is week to week, the security deposit may not exceed one week’s rent. If the tenancy is other than week to week, the security deposit may not exceed one months’ rent.



8(3) a security deposit is not to exceed,

(a) in the case of a week to week tenancy, the rent payable for one week’s occupation of the premises, or

(b) in the case of a tenancy other than a week to week tenancy, the rent payable for one month’s occupation of the premises.



3. Is ‘key money’ or ‘key deposits’ allowed?

No. According to the Canada Mortgage and Housing Corporation, requiring key money is illegal.

4. Can a landlord refuse to allow subletting or assignments?



Yes. If the lease agreement states subletting or reassignment is not permitted, then the landlord may refuse a request to sublet or reassign a tenancy agreement.

13(3) A lease may provide that,

(a) the tenant may not assign his rights under the lease, or

(b) the tenant may assign his rights under the lease only with the consent of the landlord.

5. How much notice must a landlord give if they plan on raising the rent?

This will depend on the rental arrangement:

· Month to month – at least 2 months’ notice

· Year to year – 3 months’ notice

· Fixed term – see below

If a fixed term tenancy using the lease prescribed by the province indicates a check mark in the box to allow for a rent increase during the year, the landlord may do so with 3 months’ notice. If not, then the full year must pass before an increase is allowed.

11.1(1)Subject to any other Act, where a tenancy is for a fixed term and the landlord has the right to increase the rent during the term of the tenancy but the amount and time of the increase are not specified in the lease, the landlord shall not increase the rent unless he gives notice to the tenant which is not less than the notice period prescribed by regulation.



11.1(2) Subject to any other Act, where a tenancy runs from year to year, month to month or week to week, the landlord shall not increase the rent unless he gives notice to the tenant which is not less than the notice period prescribed by regulation.

6. Are landlords required to follow a standardized lease agreement issued by the province? Can they change this lease agreement?



Yes, a landlord must use the Standard Form of Lease, which can be found here. A landlord may not alter or delete sections from the Standard Form of Lease. Landlords and tenants may agree to additional terms outside of this Standard Form of Lease, so long as it doesn’t interfere or alter any right in the Residential Tenancies Act.

9(1)A landlord with respect to every tenancy agreement entered into after this section comes into force, shall provide for both the landlord and the tenant to sign two duplicate originals of the Standard Form of Lease as prescribed by regulation, and the landlord and the tenant shall each retain a copy thereof.



9(2)Subject to subsection (3), any alteration of or deletion from the Standard Form of Lease is void.



9(3 ) A landlord and a tenant may agree to any addition to the Standard Form of Lease that does not alter any right or duty as stated in this Act or the Standard Form of Lease.



7. If a tenant never signed a written lease agreement, do the rules under the Standard Form of Lease still apply?



Yes. Even without a signed lease, the landlord and tenant have entered into a tenancy agreement which the rules and conditions of the Standard Form of Lease still apply.



9(5)With respect to every tenancy agreement entered into after this section comes into force, a landlord and a tenant who entered into a tenancy agreement and who do not sign a Standard Form of Lease are deemed to have done so and all provisions of this Act and the Standard Form of Lease apply.



8. How much notice must a landlord provide to tenants before entering a rental unit? Under what conditions can they enter unannounced?

A landlord must provide at least 24 hours’ notice. There are various exception to this notice, such as the case where a tenant has requested the landlord to carry out repairs in the rental unit in writing, or during the last rental period of the tenancy where the lease agreement authorizes the landlord to show the premises without notice.



In the event of an emergency, or if the accommodation has been abandoned, a landlord may enter without formal notice.

16(4)Where the landlord desires to enter to,

(a) show the premises to prospective purchasers or mortgagees; or

(b) carry out an inspection of the premises;

he may do so only after having given the tenant a minimum of twenty-four hours notice.



16(2)Where,

(a) a tenant has abandoned the demised premises; or

(b) an emergency is present;

a landlord may enter the demised premises at any time without notice.



9. What time and dates are landlords not permitted to enter the rental accommodations for inspections, repairs, etc.?

With exception to an emergency situation or abandoned premises, a landlord may not enter rental accommodations on a Sunday, holiday, or outside of the hours of 8 a.m. to 8 p.m.



16(6)Except with respect to subsection (2), an entry by a landlord is to be made on a day other than a Sunday or other holiday and between eight o’clock in the forenoon and eight o’clock in the afternoon.



10. How much notice must be provided before terminating a lease agreement?

The amount of notice will depend on the type of tenancy arrangement. The minimum notice required is:

· Year to year – 3 months

· Month to month – 1 month

· Week to week – 1 week

24(1)A notice of termination of a tenancy is to be served by a landlord or tenant is to be served,

(a) if the premises are let from year to year, by the landlord or the tenant at least three months before the expiration of any such year to be effective on the last day of that year;

(b) if the premises are let from month to month, by the landlord or the tenant at least one month before the expiration of any such month to be effective on the last day of that month; and

(c) if the premises are let from week to week, by the landlord or the tenant at least one week before the expiration of any such week to be effective on the last day of that week.

11. Under what circumstances can a landlord evict a tenant?

Landlords can request an eviction order for any of the following reasons:



· Tenant failing to move out on the date specified in a Notice to Vacate for non-payment of rent.

· Tenant failing to move out on the date specified in a Notice to Quit issued by the Rentalsman for breach of a lease agreement.

· Tenant failing to leave at the end of a term lease or on the date issued in a Notice to Terminate served in a periodic tenancy.

21(1)Where,

(a) a tenant has not vacated the demised premises as required in a notice to quit; and

(b) the landlord so requests in writing;

a rentalsman, without further investigation, may issue an eviction order in the form prescribed by regulation.



21(2)Where,

(a) a landlord has served on the tenant a notice to terminate the tenancy; or

(b) a tenant has served on the landlord a notice to terminate the tenancy;

and the tenant has not vacated the demised premises on the day stated in such notice of termination, the landlord may apply in writing to a rentalsman for an eviction order.



SEE ALSO: How Tenants Can Screen and Research Prospective Landlords