Home Our Company Contact Us Sitemap

New Brunswick Residential Tenancies Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

INTERPRETATION

1(1)In this Act,

“lease” means the Standard Form of Lease as provided for in this Act including any changes therein as permitted by this Act;

“mobile home” means a dwelling that is used as a residence for one or more persons and that is designed to be moveable but does not include a dwelling that is occupied as a vacation home for a seasonal or temporary period;

“mobile home park” means land divided into two or more sites for mobile homes and includes the common areas;

“mobile home site” means a site for a mobile home in a mobile home park on which a tenant places a mobile home;

“peace officer” means

(a)a member of the Royal Canadian Mounted Police,

(b)a police officer appointed under section 10, 11 or 17.3 of the Police Act, and

(c)an auxiliary police officer or an auxiliary police constable appointed under section 13 of the Police Act when accompanied by or under the supervision of a police officer referred to in paragraph (b) or a member of the Royal Canadian Mounted Police;

“premises”

(a)means premises used for residential purposes,

(b)includes any house, dwelling, mobile home, apartment, flat, tenement or similar place that is occupied or may be occupied by an individual as a residence,

(c)includes any land leased as a site for a mobile home used for residential purposes, whether or not the landlord also leases that mobile home to the tenant,

(d)does not include premises occupied for business purposes with living accommodation attached under a single tenancy agreement,

(e)does not include a room in a boarding house or lodging house, and

(f)does not include living accommodations occupied as a vacation home for a seasonal or temporary period;

“Standard Form of Lease” includes a special Standard Form of Lease for a mobile home site;

“tenancy agreement” means an agreement whereby a person is granted the right to possess premises in consideration of payment of rent.

1(1.1)Notwithstanding any other provision of this Act or the regulations, where the length of notice required under a provision of this Act or the regulations is expressed in terms of one week or one or more months, notice shall be sufficiently given or served if given or served as follows:

(a)where the length of notice is one week, on the first day of that week;

(b)where the length of notice is one month, on the first day of that month; and

(c)where the length of notice is two or more months, on the first day of the first month in the notice period.

1(2)The member of the Executive Council designated by the Lieutenant-Governor in Council to administer the Service New Brunswick Act is responsible for the administration of this Act.

1983, c.82, s.1; 1989, c.61, s.1; 1993, c.23, s.1; 1996, c.18, s.10; 1997, c.13, s.1; 1999, c.3, s.1; 2006, c.16, s.161; 2008, c.21, s.1.

2Except where otherwise specifically provided for in this Act, this Act applies to tenancies of residential premises and tenancy agreements respecting such premises,

(a)notwithstanding the Landlord and Tenant Act or any other Act, agreement or waiver to the contrary; and

(b)arising or entered into before or after this Act comes into force.

OBLIGATIONS

3(1)A landlord

(a)shall deliver the premises to the tenant in a good state of repair and fit for habitation;

(b)shall maintain the premises in a good state of repair and fit for habitation;

(b.1)shall deliver to the tenant and maintain in a good state of repair any chattels provided therein by the landlord;

(c)shall comply with all health, safety, housing and building standards and any other legal requirement respecting the premises; and

(d)shall keep all common areas in a clean and safe condition.

3(2)Subsection (1) applies whether any state of non-repair or unfitness for habitation existed to the knowledge of the tenant before the tenancy agreement was entered into or arose thereafter.

3(3) Repealed: 1987, c.52, s.1.

3(4)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.

1985, c.36, s.1; 1987, c.52, s.1; 1997, c.13, s.2.

3.1A landlord or his agent or representative shall not

(a)deliberately interfere with the supply of heat, water or electric power services to the premises except in an emergency or where it is necessary to enable maintenance or repairs to be carried out, or

(b)deliberately do anything that would render the premises unfit for habitation.

1999, c.3, s.2.

4(1)A tenant

(a)shall be responsible for ordinary cleanliness of the premises and any chattels provided therein by the landlord;

(b)shall repair within a reasonable time after its occurrence any damage to the premises or to any chattels provided therein by the landlord caused by the wilful or negligent conduct of the tenant or by such conduct of persons who are permitted on the premises by the tenant; and

(c)shall conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not cause a disturbance or nuisance.

4(2)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.

1985, c.36, s.2.

5(1)Where a tenant fails to comply with his obligations under this Act or the terms of the tenancy agreement, a landlord may serve on the tenant a notice stating the complaint.

5(2)Where a tenant on whom a notice under subsection (1) is served fails to comply with his obligations within the time prescribed by regulation the landlord may so advise a rentalsman by notice and shall include a copy of the notice served on the tenant under subsection (1).

5(2.1)Where the failure of the tenant to comply with his obligations results in an emergency, the landlord may so inform a rentalsman.

5(3)Where a rentalsman receives the notice under subsection (2) or is informed under subsection (2.1), he

(a)may conduct an investigation, and

(b)may inspect the premises,

and after conducting an investigation or inspecting the premises or both may require the tenant to comply with his obligations within the time established by the rentalsman.

5(4)Where a tenant refuses to comply with his obligations or fails to comply to the satisfaction of the rentalsman within the time established by him as required under subsection (3), the rentalsman may at the request of the landlord, serve on the tenant a notice to quit terminating the tenancy and requiring the tenant to vacate the premises at the time selected by the rentalsman and specified in the notice.

5(5)This section does not apply to the obligation of the tenant to pay rent.

1983, c.82, s.2.

6(1)Where a landlord fails to comply with his obligations under this Act or the terms of the tenancy agreement, a tenant may serve on the landlord a notice stating the complaint.

6(2)Where a landlord on whom a notice under subsection (1) is served fails to comply with his obligations within the time prescribed by regulation the tenant may so advise a rentalsman by notice and shall include a copy of the notice served on the landlord under subsection (1).

6(2.1)Where the failure of the landlord to comply with his obligations results in an emergency, the tenant may so inform a rentalsman.

6(3)Where a rentalsman receives the notice under subsection (2) or is informed under subsection (2.1), he

(a)may conduct an investigation, and

(b)may inspect the premises,

and after conducting an investigation or inspecting the premises or both may, subject to subsection (8), require the landlord to comply with his obligations within the time established by the rentalsman.

6(4)Where a landlord refuses to comply with his obligations or fails to comply to the satisfaction of the rentalsman within the time established by the rentalsman as required under subsection (3), the rentalsman may perform the obligations of the landlord.

6(4.1)In the case of an emergency, notwithstanding subsection (3), where the rentalsman

(a)has received a notice under subsection (2) or is informed under subsection (2.1),

(b)has conducted an investigation under subsection (3), and

(c)the landlord cannot be reached by the rentalsman to advise him of the breach of obligation and of the emergency,

the rentalsman may perform the obligations of the landlord.

6(4.2)Where the rentalsman performs the obligations of the landlord under subsection (4) or (4.1), the landlord is liable to the rentalsman for the cost of performance of the obligations.

6(5)The rentalsman may, either before or after he performs the obligations under subsection (4) or (4.1), require any tenant of the building in relation to which the obligations are or will be performed to make his rental payments to him and so advise the landlord by notice.

6(6)From the amounts received under subsection (5) the rentalsman shall pay the cost of performance of the obligations and forward the balance to the landlord, accounting for his expenditures.

6(6.1)For the purposes of this section “cost of performance of the obligations” includes interest thereon at the rate prescribed by regulation.

6(7) Repealed: 1983, c.82, s.3.

6(8)Where

(a)on the basis of destruction of the premises or other cause, a landlord applies to a rentalsman in the manner provided by regulation;

(b)the landlord serves a copy of such application on the tenant; and

(c)the rentalsman determines that on such a basis it is reasonable;

the rentalsman may serve a notice to quit on the tenant terminating the tenancy in the manner provided by regulation.

1983, c.82, s.3.

7No action lies against a tenant based on failure to pay rent where the rent has been paid to the rentalsman in accordance with the provisions of this Act.

SECURITY DEPOSIT FUND

8(1)A lease entered into after this section comes into force may provide for a security deposit to be made by the tenant at the beginning of the tenancy.

8(2)A security deposit is to provide security against the tenant’s failure to pay rent or his failure to comply with his obligation respecting cleanliness or repair of the premises or any chattels provided therein by the landlord under paragraph 4(1)(a) or (b).

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.

8(4)No person shall require

(a)under a lease, or

(b)as a condition of

(i)entering into a lease, or

(ii)not terminating a lease,

any other person to pay any amount other than rent, a security deposit or a reasonable amount for any service to be provided in relation to the tenancy, and any agreement under which such a requirement is imposed is void.

8(4.1)A landlord or his agent or representative shall not require a tenant to make or accept from a tenant

(a)a prepayment of the last month’s rent;

(b)a single rental payment that is greater than any other regular rental payment required under the tenancy agreement; or

(c)a security deposit in addition to the maximum amount permitted under this Act.

8(4.2)Where an amount of money has been accepted in contravention of subsection (4.1), the landlord or his agent or representative shall return that amount to the tenant forthwith.

8(4.3)Subsections (4.1) and (4.2) shall apply only to an amount of money required or accepted after July 31, 1985.

8(4.4)Where a person is convicted of an offence for a violation or a failure to comply with subsection (4), (4.1) or (4.2), the judge may, in addition to any other penalty, order the person convicted to make restitution in relation to the offence.

8(5)Each rentalsman shall maintain a fund to be known as a security deposit fund

(a)into which are to be paid in accordance with this Act amounts required to be provided under the terms of a tenancy agreement as security deposits; and

(b)out of which may be paid amounts to satisfy claims of landlords allowed by the rentalsman under subsection (12) or as a result of the application of subsection (12.7).

8(6)A rentalsman

(a)shall establish and maintain in his records separate accounts of each tenant and of all money received under subsections (7), (7.1), (8) and (10);

(b)shall credit the tenant’s account with the amounts received under subsections (7), (7.1), (8) and (10);

(c)shall debit the tenant’s account with any amounts used or returned under subsections (12), (12.7), (14) and (15); and

(d)shall indicate on each account the name of the landlord currently under contract with that tenant and the address of the premises in respect of which the security deposit is held.

8(7) Repealed: 2000, c.28, s.15.

8(7.1)Where a lease providing for a security deposit is entered into after this subsection comes into force and the tenant delivers the security deposit or any portion thereof to the landlord or an agent or representative of the landlord, the landlord shall deliver or cause to be delivered this amount to the rentalsman within seven days of receipt thereof.

8(7.2)Any person who receives an amount of money as a security deposit for or on behalf of a landlord after the coming into force of this subsection shall deliver that amount to the rentalsman within seven days of the receipt thereof.

8(7.3)Where a security deposit in addition to the maximum amount permitted under this Act has been delivered to a rentalsman, the rentalsman shall return the additional amount to the tenant forthwith.

8(8)Except where appropriate action is taken by the tenant and a rentalsman in accordance with subsections (9) and (10), where a lease entered into after this section comes into force provides for a security deposit the tenant shall deposit with a rentalsman the amount established by the lease.

8(9)Where a tenant enters into a lease providing for a security deposit and has to his credit in an account maintained by a rentalsman an amount deposited as a security deposit under a previous tenancy agreement, he may apply to the rentalsman in the form prescribed by regulation requesting the rentalsman to issue a certificate in satisfaction of the tenant’s obligation to provide a security deposit under the lease.

8(10)Where

(a)a tenant deposits with a rentalsman an amount in accordance with subsection (8);

(b)a landlord or any other person delivers to a rentalsman an amount in accordance with subsection (7), (7.1) or (7.2); or

(c)a rentalsman

(i)determines that an application under subsection (9) should be approved, after inquiring into the likelihood of a claim being made in respect of the amount presently credited to the tenant’s account, and

(ii)receives a sum of money from the tenant equal to the amount by which the security deposit under the lease exceeds the balance in the tenant’s account under subsection (6);

the rentalsman shall deliver to the landlord a certificate to the effect that an amount prescribed therein is held by him as a security deposit in respect of premises designated therein.

8(11)The certificate referred to in subsection (10) shall be a sufficient basis upon which

(a)the landlord may make a claim in respect of the failure of the tenant to comply with the obligations of the tenant in respect of which the security deposit was made, up to the amount set out in the certificate, or

(b)the landlord may request under subsection (12.1) a rentalsman to maintain all or a portion of the security deposit of a tenant in the security deposit fund.

8(12)Where a tenancy has terminated and the tenant has failed to perform any of his obligations in respect of which the security deposit was made, the rentalsman, upon a claim being made by the landlord within seven days after the termination of the tenancy and upon conducting a proper investigation, may use all or a portion of the security deposit toward the discharge of such obligation.

8(12.01)Subject to section 27, any decision made by a rentalsman under subsection (12) in respect of the security deposit of a tenant is final and binding on the landlord and the tenant.

8(12.02)Notwithstanding subsection (12), where a tenancy is terminated by a notice to quit issued under this Act or a notice to vacate served on a tenant under subsection 19(1), the landlord may make a claim for the purpose of subsection (12)

(a)in the case of a week to week tenancy, within seven days after the end of the week in which the tenancy is terminated, or

(b)in the case of a tenancy other than a week to week tenancy, within seven days after the end of the month in which the tenancy is terminated.

8(12.03)Where, during an investigation, a rentalsman determines that all or a portion of a claim made by a landlord in respect of a security deposit in accordance with subsection (12) is one that should be made in accordance with subsections (12.1) to (12.8), the rentalsman

(a)shall notify the landlord, and

(b)if he or she considers it appropriate, may extend in writing the time in which the landlord is required to act under subsections (12.3) and (12.4), whether or not the time specified in those subsections has expired.

8(12.1)Where

(a)a tenancy has terminated, and

(b)a landlord has a claim against the tenant relating to

(i)the tenancy, or

(ii)any real or personal property, in or to which the landlord has a right, title, estate or interest, which is associated with the premises or with the real property of which the premises forms all or a portion,

the landlord may request a rentalsman to maintain in the security deposit fund all of the security deposit of the tenant or a portion of the security deposit of the tenant equal to the landlord’s claim.

8(12.2)Subsection (12.1) does not apply where the claim of the landlord is a claim with respect to an obligation of the tenant referred to in subsection (2).

8(12.3)A request by the landlord under subsection (12.1) shall be made by

(a)notifying the rentalsman of the landlord’s intention to commence a proceeding,

(b)serving on the rentalsman a copy of the document by which a proceeding has been commenced,

(c)serving on the rentalsman a copy of the settlement of the claim in respect of which a proceeding was commenced, or

(d)serving on the rentalsman a copy of the judgment, decision or order in respect of a proceeding where the proceeding, including all appeals from the proceeding, has concluded,

within seven days after the termination of the tenancy.

8(12.4)Where a landlord notifies the rentalsman under paragraph (12.3)(a) of the landlord’s intention to commence a proceeding, the landlord has fourteen days after the termination of the tenancy to commence a proceeding and to serve on the rentalsman a copy of the document by which the proceeding is commenced.

8(12.5)The Rules of Court apply to a proceeding referred to in paragraph (12.3)(b), (c) or (d) or subsection (12.4).

8(12.6)The rentalsman shall maintain the security deposit of the tenant in the security deposit fund until the occurrence of any of the following:

(a)subject to paragraph (a.1) the expiry of fourteen days after the termination of the tenancy where the landlord does not serve on the rentalsman under subsection (12.4) a copy of the document by which the proceeding is commenced;

(a.1)in a case to which subsection (12.03) applies, the expiry of the time specified in writing by the rentalsman, if any, where the landlord has not acted under subsections (12.3) and (12.4), as provided in subsection (12.03);

(b)the rentalsman is served with a copy of the settlement of the claim under paragraph (12.3)(c) or in respect of which a proceeding referred to in paragraph (12.3)(b) or subsection (12.4) was commenced where there is a settlement of the claim; or

(c)the rentalsman is served with a copy of the judgment, decision or order under paragraph (12.3)(d) or in respect of a proceeding referred to in paragraph (12.3)(b) or subsection (12.4) where the proceeding, including all appeals from the proceeding, has concluded.

8(12.7)Where the settlement of the claim in respect of which a proceeding was commenced is in favour of the landlord, in whole or in part, or relief is granted to the landlord as a result of a proceeding, the rentalsman shall, upon being served under paragraph (12.6)(b) or (c), as the case may be, use all or a portion of the security deposit of the tenant toward satisfaction of the settlement of the claim or the judgment, decision or order in respect of the proceeding.

8(12.8)Service on the rentalsman under paragraph (12.3)(b), (c) or (d), subsection (12.4) or paragraph (12.6)(b) or (c) shall be effected in accordance with section 25.

8(12.9)Nothing contained in subsections (12.1) to (12.8) shall prevent the enforcement of the satisfaction, in whole or in part, of a settlement, judgment, decision or order respecting a claim of the landlord referred to in subsection (12.1) in the same manner as the enforcement of the satisfaction of any other settlement, judgment, decision or order.

8(13) Repealed: 1987, c.52, s.2.

8(14)Where there is an amount in a tenant’s account under subsection (6) in excess of the amount prescribed in a certificate issued under subsection (10), that excess amount is to be returned to the tenant within seven days of a request in writing by the tenant for such return.

8(15)Where a tenancy has terminated and no application has been made by the tenant under subsection (9), the amount in the tenant’s account, after the application of subsections (12) and (12.1) to (12.8) is to be returned to the tenant within seven days of a request in writing by the tenant.

8(15.1)Notwithstanding any other provision of this Act, where a tenancy has expired or terminated and a new tenancy agreement is created under section 23 the security deposit of the tenant maintained in the security deposit fund in respect of the tenancy that has expired or terminated shall remain in the security deposit fund to be used or returned in accordance with this section on the expiry or termination of the new tenancy agreement.

8(16)Notwithstanding anything in the Financial Administration Act to the contrary, a rentalsman shall deposit all money received by him in respect of the security deposit fund, or pursuant to any other provisions of this Act, in one or more interest bearing accounts in one or more chartered banks or trust companies within the Province.

8(17) Repealed: 1983, c.82, s.4.

8(18)All accounts and records of each rentalsman are to be examined by the Auditor General in accordance with the provisions of the Auditor General Act.

1982, c.3, s.70; 1983, c.82, s.4; 1985, c.36, s.3; 1987, c.6, s.99; 1987, c.52, s.2; 1989, c.61, s.2; 1990, c.9, s.1; 1991, c.21, s.1; 1993, c.23, s.2; 1996, c.51, s.1; 1999, c.3, s.3; 2000, c.28, s.15.

8.01(1)Notwithstanding any other provision of this Act or of the Standard Form of Lease, where a security deposit has been delivered to or deposited with a rentalsman without a requirement therefor under the Standard Form of Lease or without a Standard Form of Lease having been signed, a rentalsman may deal with the security deposit in accordance with section 8 as if it were a security deposit delivered or deposited under that section.

8.01(2)Where a security deposit has been delivered to a landlord or an agent or representative of the landlord without a requirement for the security deposit under the Standard Form of Lease or without a Standard Form of Lease having been signed, the landlord shall deliver or cause to be delivered the security deposit to a rentalsman within seven days after the receipt thereof and a rentalsman may deal with the security deposit in accordance with section 8 as if it were a security deposit delivered or deposited under that section.

8.01(3)Any money delivered to a rentalsman or a landlord to provide security against a tenant’s failure to pay rent or his failure to comply with his obligation respecting cleanliness or repair of the premises or any chattels provided therein by the landlord under paragraph 4(1)(a) or (b) shall be deemed to be a security deposit for the purposes of this Act.

1984, c.60, s.1; 1985, c.36, s.4; 1989, c.61, s.3.

8.02Where a person is convicted of an offence under section 28 for the contravention of subsection 8(7.1) or (7.2) or subsection 8.01(2), the judge may, in addition to any other penalty, order the person convicted to deliver to a rentalsman, if the tenancy continues, or to the tenant, if the tenancy has terminated, the security deposit of the tenant.

1989, c.61, s.4.

INTEREST

8.1To help defray the administrative expenses of the offices of the rentalsmen, all interest earned on money held by a rentalsman under this Act is the property of Her Majesty in right of the Province and shall be paid into the Consolidated Fund.

1983, c.82, s.5.

RESIDENTIAL TENANCY
ADMINISTRATION FEE

1992, c.64, s.1.

8.2(1)Subject to subsection (2), a person who owns premises whether or not the premises are completed, and who is not entitled to a credit under section 2 or 2.1 of the Residential Property Tax Relief Act shall pay a residential tenancy administration fee to the Minister of Finance each year.

8.2(2)A person referred to in subsection (1) is not liable to pay the residential tenancy administration fee in respect of the types of premises or tenancies prescribed by regulation.

8.2(3)The amount of the residential tenancy administration fee payable by a person referred to in subsection (1) shall be calculated by multiplying the rate of the residential tenancy administration fee prescribed by regulation by the assessed value of the portion of the premises and of the real property on which it is situated that the person is not entitled to receive a credit for under section 2 or 2.1 of the Residential Property Tax Relief Act.

8.2(4)A person referred to in subsection (1) shall pay any penalty added to the residential tenancy administration fee in accordance with section 8.3.

1992, c.64, s.1; 2008, c.31, s.15.

8.3(1)Subject to subsection (2), the Minister of Finance shall collect the residential tenancy administration fees in the same manner that taxes on real property are collected under the Real Property Tax Act.

8.3(2)Subject to subsections (3) and (4), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 21, 24 and 25 of the Real Property Tax Act apply with the necessary modifications.

8.3(3)Where a residential tenancy administration fee remains unpaid, the fee and any penalty added to the fee under subsection (2) constitutes a lien on the premises that are the subject of the residential tenancy administration fee and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act.

8.3(4)Where premises are sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection (3) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act.

8.3(5)An appeal for the purposes of section 8.2 and this section shall be made in accordance with the Assessment Act and the Residential Property Tax Relief Act.

1992, c.64, s.1; 1996, c.46, s.26.

8.4All money collected under this Act shall be deposited to the credit of the Consolidated Fund.

1992, c.64, s.1.

8.5Notwithstanding section 29.1, sections 8.2, 8.3 and 8.4 do not apply to the Crown in right of the Province.

1992, c.64, s.1.

STANDARD FORM OF LEASE

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.

9(4)An addition under subsection (3) is void unless it appears on both duplicate originals of the Standard Form of Lease.

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.

9(6)Where a tenant is not given a Standard Form of Lease as provided in subsection (1) any rental payment owing may be made by him to a rentalsman to be retained until compliance with subsection (1) by the landlord.

9(7)Where a Standard Form of Lease has not been signed, the possession of the premises by the tenant creates a tenancy agreement the term of which is to be determined by the method of rental payment.

1983, c.82, s.6.

10(1)The doctrine of interesse termini is abolished.

10(2)A tenancy agreement is capable of taking effect at law or in equity from the date fixed for commencement of the tenancy without the requirement of any entry onto the premises.

CONTRACTUAL PROVISIONS

11(1)The relationship of landlord and tenant is one of contract only and a tenancy agreement does not confer on a tenant any interest or estate in land.

11(2)The doctrine of frustration of contract and the Frustrated Contracts Act apply to tenancy agreements.

11(3)Subject to this Act, the law respecting the effect of the breach of a material covenant by one party to a contract on the obligation to perform by the other party applies to tenancy agreements.

11(3.1)For the purposes of greater certainty, a notice to quit issued under this Act or a notice to vacate served on a tenant under subsection 19(1) does not abrogate or derogate from a common law remedy available to the landlord.

11(3.2)Where a notice to quit is issued under section 5 or a notice to vacate is served on a tenant under subsection 19(1), the landlord may recover damages, including damages in relation to rent that would have become due and payable if the tenancy had not been terminated by the notice to quit or the notice to vacate.

11(4)A landlord shall, to the extent that a party to a contract is required generally to do so under the law relating to breaches of contract, mitigate any damages resulting from

(a)an abandonment of the premises by the tenant,

(b)a termination of the tenancy by a tenant other than as permitted by this Act or the lease, or

(c)a termination of the tenancy by a notice to quit issued under section 5 or by a notice to vacate served on a tenant under subsection 19(1).

11(4.1)Where a notice to quit is issued under this Act or a notice to vacate is served on a tenant under subsection 19(1), the tenant is liable for any arrears of rent and the rent to the end of

(a)in the case of a week to week tenancy, the week in which the tenancy is terminated, or

(b)in the case of a tenancy other than a week to week tenancy, the month in which the tenancy is terminated.

11(5)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.

1983, c.82, s.7; 1991, c.21, s.2; 1993, c.23, s.3; 1996, c.51, s.2.

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.

11.1(2.1)The notice referred to in subsections (1) and (2) shall be in writing and contained in a separate document.

11.1(3)Where a tenant receives a notice under subsection (1) or (2), he may elect to treat the notice as a notice of termination of the tenancy to be effective on the day immediately preceding the day on which the increase in rent is to take effect, and where the tenant elects to treat the notice as a notice of termination, he shall give notice to the landlord

(a)in the case of a fixed term tenancy, or of a year to year or month to month tenancy, at least one month,

(b)in the case of a week to week tenancy, at least one week,

before the day immediately preceding the day on which the increase in rent is to take effect.

1983, c.82, s.8; 1985, c.36, s.5.

11.2(1)Where a tenant makes a complaint against a landlord, a notice of increase in rent served by the landlord within the period beginning the day on which the complaint was made and ending six months after that day is not valid if

(a)the tenant advises a rentalsman in writing within fifteen days after the receipt of the notice that the tenant believes the landlord served the notice because the tenant made the complaint, and

(b)the landlord does not satisfy the rentalsman or the Chief Rentalsman, where the matter is reconsidered by the Chief Rentalsman in accordance with this section, that the landlord did not serve the notice because the tenant made the complaint.

11.2(2)A landlord or a tenant within seven days after being notified of a decision made by a rentalsman under subsection (1) may in writing request the Chief Rentalsman to reconsider the decision.

11.2(3)The Chief Rentalsman shall, on the receipt of a request under subsection (2), reconsider and affirm or reverse the decision made by the rentalsman under subsection (1).

11.2(4)This section applies to notices of increase in rent served after the commencement of this section.

1990, c.9, s.2.

COVENANTS

12(1)Where a covenant

(a)concerns things which are related to the premises; and

(b)is inherently connected with the premises;

the benefit and the burden of such covenant run with the land and the premises whether or not the things were in existence at the time of entering into the tenancy agreement.

12(2)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.

ASSIGNMENT

13(1)Subject to this section and the terms of the lease, a tenant may assign all of his rights under the lease for the remaining term of such lease or for a portion thereof.

13(2)Where there is an assignment by a tenant

(a)the assignee assumes all of the obligations with respect to the tenancy, during the period assigned, and

(b)no action lies against the assignor for any obligation with respect to the tenancy arising during the period assigned,

and sections 5, 6 and 19 shall apply mutatis mutandis.

13(2.1)Notwithstanding subsection (2) where there is an assignment for a portion of the remaining term of the lease and an assignee fails to comply with his obligations, where a landlord serves on the assignee a notice stating the complaint under subsection 5(1), the landlord shall send a copy of the notice to the assignor by ordinary mail to

(a)the address provided by the assignor to the landlord for the period of the assignment, or

(b)the address of the premises if the assignor has not provided the landlord with an address for the period of the assignment.

13(2.2)Notwithstanding subsection (1) where there is an assignment by a tenant of a portion of the remaining term of a lease, any notice of increase in rent during the period of the assignment, shall be served on the assignor with a copy thereof sent to the assignee, and the right to treat the notice as a notice to terminate the tenancy pursuant to section 11.1 shall remain in the assignor.

13(2.3)For the purpose of claims under subsection 8(12) or requests under subsection 8(12.1), a security deposit made by an assignor shall be deemed to have been made by the assignee.

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.

13(4)Where the lease falls under paragraph (3)(b)

(a)the tenant shall give to the landlord notice in the form prescribed by regulation of a request for the consent of the landlord;

(b)except where acting under paragraph (d), the landlord shall not arbitrarily or unreasonably withhold his consent;

(c)the landlord shall not charge any amount for giving his consent except a sum to a maximum of twenty dollars to cover his reasonable expenses incurred thereby; and

(d)subject to subsection (6), the landlord instead of consenting within seven days of service of the tenant’s notice under paragraph (a), may serve on the tenant notice to quit terminating the lease to be effective on the day on which the requested assignment was to be effective.

13(5)Where a tenant has given notice under paragraph (4)(a), if the landlord does not reply by notice within seven days of service of such notice, the landlord is deemed to have given his consent to the tenant’s request.

13(6)Where a tenant seeks consent of a landlord under subsection (4), paragraph (4)(d) does not apply,

(a)where the tenant is seeking consent solely for the purpose of entering into a mortgage of the premises; or

(b)where the tenant wishes to assign his rights under the lease for a portion only of the remaining term of the lease.

13(7)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion

(a)the transferee assumes all of the obligations with respect to the tenancy; and

(b)no action lies against the transferor for any obligation with respect to the tenancy;

arising after notification of the transfer takes place in accordance with subsection (8).

13(8)Where a landlord transfers his estate in the real property of which the demised premises form all or a portion he shall notify the rentalsman and the tenant of such transfer in the form prescribed by regulation within seven days after such transfer.

13(9)Where pursuant to subsection (7) a transferee assumes the obligations with respect to a tenancy, he is a landlord for all purposes of this Act.

13(9.1)Subsections (7), (8) and (9) do not apply where the landlord transfers an estate in the property to a mortgagee solely for the purpose of mortgaging the real property of which the premises form all or a portion.

13(10) Repealed: 1983, c.82, s.9.

13(11)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.

1983, c.82, s.9; 1987, c.52, s.3.

CHATTELS

14The remedy of distress is abolished and no landlord shall distrain for default in payment of rent whether a right of distress has heretofore existed by statute, the common law or contract.

15(1)Except where the landlord and tenant have agreed in writing otherwise, where a tenant leaves chattels on the premises after

(a)abandoning the premises in breach of the tenancy agreement; or

(b)going out of possession of the premises upon termination or expiration of the tenancy;

the landlord may remove the chattels from the premises and shall so advise a rentalsman.

15(2)Where the rentalsman determines that the chattels removed under subsection (1) are of no value or that retention of them would be unsanitary or dangerous the rentalsman may authorize the landlord to dispose of them.

15(3)Where the rentalsman determines that the chattels removed under subsection (1) have a value in his opinion less than any amount owing to the landlord by the tenant the rentalsman may order the sale of them at his discretion.

15(4)Where the rentalsman determines that the chattels removed under subsection (1) have a value in his opinion greater than any amount owing to the landlord by the tenant the rentalsman may order the chattels stored for a period of time determined by him in accordance with the regulations and shall advise the tenant of such decision by notice.

15(4.1)Where the tenant or any person claiming title to the chattels stored by the rentalsman applies for a return of the chattels the rentalsman may recover any storage costs incurred by him and interest thereon on such costs at the rate prescribed by regulation before returning the chattels.

15(5)Where the tenant or any person claiming title to the chattels does not respond to the notice given under subsection (4) or does not pay the storage costs as provided under subsection (4.1), the rentalsman may, at the end of the storage period, sell the chattels by public auction or by private sale in the manner prescribed by regulation.

15(6)The proceeds of any sale under this section, accruing after the costs of the sale and storage including interest on such costs at the rate prescribed by regulation, shall be used to discharge any debt which in the opinion of the rentalsman is owing by the tenant to the landlord and the balance, if unclaimed by the tenant within one year of the sale, may be dealt with in the same manner as interest under the provisions of section 8.1.

15(7)No rentalsman or landlord shall be liable to a tenant for any action taken by them where such action is taken in accordance with the provisions of this section.

1983, c.82, s.10.

ENTRY BY LANDLORD

16(1)Except as provided in this section, a landlord or an agent or representative of the landlord shall not enter the demised premises during the term of a tenancy.

16(2)Where

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

(b)an emergency is present;

a landlord or an agent or representative of the landlord may enter the demised premises at any time without notice.

16(3)Where the landlord or an agent or representative of the landlord wishes to enter to carry out normal repairs or redecoration on the premises he may do so only after having given the tenant a minimum of seven days notice.

16(4)Where the landlord or an agent or representative of 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(5)During the last rental period of the tenancy agreement and where the lease so provides the landlord or an agent or representative of the landlord may enter to show the premises to prospective tenants without any notice requirement.

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

16(7)Notwithstanding any provision of this section, where the tenant consents at the time the landlord or an agent or representative of the landlord may enter without any notice requirement.

1989, c.61, s.5.

PRIVACY

17A landlord, his servants or agents, shall not unreasonably restrict access to the premises by candidates, or their authorized representatives, for election to the House of Commons, the Legislative Assembly or any office in a municipal or rural community government for the purpose of canvassing or distributing election material.

1997, c.42, s.9; 2005, c.7, s.75.

18Except

(a)by mutual consent; or

(b)upon the written authorization of a rentalsman;

the landlord or the tenant, during occupancy under the tenancy agreement shall not alter or cause to be altered the lock or the locking system on any door that gives entry to the demised premises.

FAILURE TO PAY RENT

19(1)Where a tenant fails to pay the rent due, the landlord may serve on the tenant a notice to vacate terminating the tenancy on the day specified in the notice in accordance with subsection (1.01), and requiring the tenant to vacate the premises on or before the day specified in the notice.

19(1.01)The day specified in a notice to vacate shall be at least twenty days after the day on which the notice is served on the tenant unless it is served ten days or more after the day on which the rent is due, in which case the day specified in the notice shall be at least ten days after the day it is served.

19(1.1)A notice to vacate served under subsection (1) shall be on a form provided by a rentalsman and shall contain such information as may be required by this Act and the form.

19(1.2)Within seven days after a notice to vacate is served on a tenant under subsection (1), the landlord shall serve on a rentalsman a copy of the notice.

19(2) Repealed: 1996, c.51, s.3.

19(3) Repealed: 1996, c.51, s.3.

19(4)Subject to subsection (6), where a notice to vacate has been served on a tenant under subsection (1) the payment of all of the rent due by the tenant within seven days after the tenant is served with the notice shall have the effect of cancelling the notice and continuing the tenancy.

19(5) Repealed: 1983, c.82, s.11.

19(6)The notice to vacate is to be effective on the day specified in the notice in accordance with subsection (1.01), notwithstanding any payment of rent made by the tenant before that day,

(a)where

(i)the landlord previously served a notice to vacate on the tenant under subsection (1) and served on a rentalsman, within the time specified in subsection (1.2) and in accordance with that subsection, a copy of that notice to vacate, or

(ii)a rentalsman served on the tenant, before the commencement of this subsection, a notice to quit requested by the landlord, and

(b)if the landlord notifies the tenant in the notice to vacate that any payment of rent made by the tenant will not have the effect of continuing the tenancy as provided in subsection (4).

19(7)Any payment of rent by a tenant is to be applied first to arrears of rent.

1983, c.82, s.11; 1996, c.51, s.3; 2000, c.31, s.1.

20Except

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

(a.1)where a notice to vacate has been served on the tenant under section 19;

(b)where a notice of termination has been served under this Act; or

(c)under authority of a notice to quit served under the provisions of this Act;

a landlord shall not regain possession of the demised premises on the grounds that he is entitled to possession.

1983, c.82, s.12; 1993, c.23, s.4; 1996, c.51, s.4.

EVICTION

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;

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 to a rentalsman for an eviction order.

21(2.1)Where a tenant retains possession of the premises after the expiration or termination of the tenancy, the landlord may apply to the rentalsman for an eviction order.

21(2.2)Where a tenant has not vacated the demised premises as required in a notice to vacate served on the tenant under subsection 19(1), the landlord may apply to a rentalsman for an eviction order.

21(2.3)The landlord shall not apply for an eviction order under subsection (2.2) unless the landlord served on a rentalsman, within the time specified in subsection 19(1.2) and in accordance with that subsection, a copy of the notice to vacate.

21(3)Where a landlord applies under subsection (2), (2.1) or (2.2), a rentalsman shall conduct an investigation and may issue an eviction order in the form prescribed by regulation.

21(4)The sheriff, upon receiving an eviction order issued under subsection (1) or (3), shall put the landlord in possession of the demised premises and for that purpose the sheriff and his deputies and officers have full power, after reasonable demand for admission, to force open both outer and inner doors of the premises.

21(5)Where the sheriff or his deputies or officers put the landlord in possession of the demised premises under subsection (4), any chattels of the tenant may be removed and delivered to a rentalsman to be dealt with by him in the same manner as under the provisions of section 15.

1983, c.82, s.13; 1996, c.51, s.5.

ACCELERATION OF RENT

22(1)Notwithstanding any provisions to the contrary, any term of a tenancy agreement that provides that by reason of default

(a)in payment of rent due; or

(b)in observance of any obligation of the tenant under a tenancy agreement;

the whole or any part of the remaining rent for the term of the tenancy becomes due and payable is void and unenforceable.

22(2)A landlord is entitled to compensation for the use and occupation of the premises by the tenant after the tenancy has been terminated.

OVERHOLDING TENANTS

23Where a tenancy has expired or terminated and a new lease has not been signed, the acceptance by the landlord of rent or compensation for use and occupation of the premises, other than for past use and occupation, creates a new tenancy agreement the term of which is to be determined by the method of rental payment.

1983, c.82, s.14.

TERMINATION OF TENANCIES

24(1)A notice of termination of a tenancy 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.

24(1.1)A notice of termination under this Act shall be in writing.

24(2)For the purposes of subsection (1), where the premises are let for periods that are greater than a week and less than a month, they shall be deemed to be let from month to month.

24(3)For the purposes of this section, the period of a tenancy from year to year, month to month or week to week begins and ends on the days specified in the tenancy agreement.

1987, c.52, s.4; 1993, c.23, s.5.

24.1(1)Where a tenant makes a complaint against a landlord, a notice of termination of the tenancy served by the landlord within the period beginning the day on which the complaint was made and ending one year after that day is not valid if

(a)the tenant advises a rentalsman in writing within fifteen days after the receipt of the notice that he intends to contest the notice, and

(b)the landlord does not satisfy the rentalsman that he did not serve the notice of termination because the tenant made the complaint.

24.1(2)Subsection (1) applies to notices of termination served after that subsection comes into force.

1983, c.82, s.15; 1984, c.60, s.2; 1997, c.13, s.3.

LONG TERM TENANCIES

1997, c.13, s.4.

Application of sections 24.3 to 24.7 

1997, c.13, s.4.

24.2Sections 24.3 to 24.7 apply to all tenancies of premises, other than mobile home sites, that have been occupied by the same tenant for five consecutive years or more.

1997, c.13, s.4.

Term of tenancy

1997, c.13, s.4.

24.3All tenancies of premises described in section 24.2 shall be deemed to be periodic tenancies and shall be deemed to run from month to month.

1997, c.13, s.4.

Alteration of tenancy agreement

1997, c.13, s.4.

24.4(1)Notwithstanding subsection 9(2), a landlord of premises described in section 24.2 may alter any provision of the Standard Form of Lease or other tenancy agreement for the premises, except the one providing for the amount of the rent, if

(a)the landlord serves on the tenant at least three months written notice of the alteration,

(b)the alteration does not conflict with a provision of this Act or with a right or duty stated in this Act, and

(c)the alteration is reasonable and fair.

24.4(2)A tenant who is served notice under subsection (1) may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.

24.4(3)If a tenant applies to a rentalsman under subsection (2), the rentalsman shall review the notice and shall ask the landlord to establish

(a)that the alteration does not conflict with a provision of this Act or with a right or duty stated in this Act, and

(b)that the alteration is reasonable and fair.

24.4(4)The rentalsman shall set aside the notice served under subsection (1) if the landlord fails to establish to the satisfaction of the rentalsman

(a)that the alteration does not conflict with a provision of this Act or with a right or duty stated in this Act, and

(b)that the alteration is reasonable and fair.

24.4(5)The rentalsman shall confirm the notice served under subsection (1) and may vary the day on which the alteration is effective if the landlord establishes to the satisfaction of the rentalsman

(a)that the alteration does not conflict with a provision of this Act or with a right or duty stated in this Act, and

(b)that the alteration is reasonable and fair.

1997, c.13, s.4.

Increase in rent

1997, c.13, s.4.

24.5(1)Notwithstanding section 11.1, a landlord of premises described in section 24.2 shall not increase the rent for the premises except in accordance with this section.

24.5(2)A landlord may increase the rent for premises described in section 24.2 if

(a)the landlord serves on the tenant at least three months written notice of the increase,

(b)the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

(c)the landlord is increasing the rent for each comparable unit in the same building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.

24.5(3)A tenant who is served notice under subsection (2) may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.

24.5(4)If a tenant applies to a rentalsman under subsection (3), the rentalsman shall review the notice and shall ask the landlord to establish

(a)that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

(b)that the landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.

24.5(5)The rentalsman shall set aside the notice served under subsection (2) if the landlord fails to establish to the satisfaction of the rentalsman

(a)that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

(b)that the landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.

24.5(6)The rentalsman shall confirm the notice served under subsection (2) and may vary the day on which the increase in the rent is effective if the landlord establishes to the satisfaction of the rentalsman

(a)that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

(b)that the landlord is increasing the rent for each comparable unit in the building by the same percentage or the increased rent is reasonable in relation to that charged for comparable units in the same geographical area.

1997, c.13, s.4.

Termination of tenancy

1997, c.13, s.4.

24.6(1)Notwithstanding subsection 24(1), a notice of termination of a tenancy of premises described in section 24.2 is to be served by the landlord at least three months before the expiration of any month to be effective on the last day of that month.

24.6(2)A notice of termination of a tenancy described in section 24.2 is to be served by the tenant at least one month before the expiration of any month to be effective on the last day of that month.

1997, c.13, s.4.

Limitation on landlord’s right to terminate

1997, c.13, s.4.

24.7(1)Where a tenant has occupied premises for five consecutive years or more, the landlord shall not serve a notice of termination of the tenancy unless

(a)the landlord intends in good faith that the premises will be occupied by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse,

(b)the premises occupied by the tenant will be used other than as residential premises,

(c)the premises will be renovated to such an extent that vacant possession is necessary to perform the renovation, or

(d)the tenancy arises out of an employment relationship between the tenant and the landlord in which the employment relates to the maintenance or management of the premises, or both, and the employment relationship is terminated.

24.7(2)A landlord who serves a notice of termination of a tenancy under subsection (1) shall state the reason for the termination in the notice of termination.

24.7(3)A tenant who is served notice of termination of the tenancy may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.

24.7(4)If a tenant applies to a rentalsman under subsection (3), the rentalsman shall review the notice and shall ask the landlord to establish the reason for the termination.

24.7(5)The rentalsman shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).

24.7(6)The rentalsman shall confirm the notice of termination and may vary the day on which the tenancy is to terminate if the landlord establishes to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).

24.7(7)If a tenant does not apply to a rentalsman under subsection (3) within fifteen days after the receipt of the notice of termination of the tenancy, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.

24.7(8)If a landlord who has served a notice of termination of a tenancy on the basis of a reason listed in paragraph (1)(a), (b) or (c) does not, within two months after the tenancy terminates, occupy, lease, use or renovate the premises in a manner consistent with the reason for the termination as stated in the notice of termination, the tenant who was served with the notice of termination may bring an action to compensate the tenant for losses caused by the termination.

24.7(9)If, before the commencement of this subsection, a notice of termination is served by a landlord on a tenant who has occupied the premises for five consecutive years or more before the notice of termination is served, but the termination is not effective until after the commencement of this subsection, the notice is void unless it has been served in accordance with subsection 24.6(1), the reason for the termination is one of those listed in subsection (1) and the reason has been stated in the notice.

1997, c.13, s.4.

SERVICE

25(1)Subject to subsection (1.1), (1.2) or (3), any notice, process or document to be served by or on a landlord or a tenant is sufficiently served if

(a)delivered personally; or

(b)sent by ordinary mail

(i)to the landlord at the address given in the lease or to the address posted under the provisions of subsection (4),

(ii)to the tenant to the address of the premises, or

(iii)to a rentalsman to the address of his office.

25(1.1)Where there is an assignment by a tenant of a portion of the remaining term of the lease, for the purposes of subsection 13(2.2), any notice shall be sufficiently served to the assignor during the period of assignment if sent by ordinary mail to

(a)the address provided by the assignor to the landlord for the period of the assignment, or

(b)the address of the premises if the assignor has not provided the landlord with an address for the period of the assignment.

25(1.2)Any notice, process or document shall be sufficiently served

(a)on a landlord who has given a fax number in the lease or has posted or filed a fax number as part of an address for service for the purposes of subsection (4), if a facsimile of the notice, process or document is transmitted to the landlord at that fax number, or

(b)on a rentalsman, if a facsimile of the notice, process or document is transmitted to the rentalsman at the fax number at his or her office.

25(2)Where any notice, process or document is sent by mail, it is deemed to have been served on the third day after the date of mailing.

25(3)Where a notice cannot be delivered personally to a tenant by reason of his absence from the premises or by reason of his evading service, the notice may be served on the tenant

(a)by delivering it personally to any adult person who apparently resides with the tenant;

(b)by posting it in a conspicuous place upon some part of the premises or a door leading thereto;

(c)by sending it by ordinary mail to the tenant at the address where he resides;

(d)by placing the notice under the door of the premises; or

(e)by placing the notice in the mailbox for the premises.

25(4)Where demised premises are located in a building containing more than two premises and the landlord does not reside in the building, the landlord shall post conspicuously and maintain so posted within the building or shall file with a rentalsman the legal name of the landlord or his agent and an address for service and any notice is sufficiently served if delivered or mailed to the address so posted or filed and any proceeding taken by or on behalf of a tenant may be commenced against the landlord in the name so posted or filed.

25(5)A landlord may post or file a fax number as part of an address for service for the purposes of subsection (4).

1983, c.82, s.16; 1987, c.52, s.5; 1997, c.13, s.5; 1999, c.3, s.4.

MOBILE HOME SITES

1993, c.23, s.6.

Application of sections 25.11 to 25.9

25.1(1)Except where otherwise specifically provided for in those provisions, subsection (2) and sections 25.11 to 25.9 apply

(a)to tenancies of mobile home sites existing when this subsection comes into force and to Standard Forms of Lease and other tenancy agreements respecting those tenancies, and

(b)to tenancies of mobile home sites and to Standard Forms of Lease and other tenancy agreements respecting mobile home sites arising or entered into after this subsection comes into force.

25.1(2)A provision in a Standard Form of Lease or other tenancy agreement for a tenancy of a mobile home site, whether the provision exists when this subsection comes into force or is agreed to after it comes into force, that conflicts with anything in sections 25.11 to 25.9 is void.

25.1(3)Section 25.7 applies to requirements and restrictions existing when this subsection comes into force and to requirements and restrictions imposed after this subsection comes into force.

1993, c.23, s.6.

Term of tenancy of mobile home site

25.11All tenancies of mobile home sites shall be deemed to be periodic tenancies and shall be deemed to run from month to month.

1993, c.23, s.6.

Additional obligation of landlord

25.2In addition to the landlord’s obligations under subsection 3(1), a landlord of a mobile home site shall repair any damage caused by the landlord or an agent or representative of the landlord to a tenant’s mobile home on the mobile home site, to the skirting of the mobile home or to any structure placed by the tenant on the mobile home site.

1993, c.23, s.6.

Additional obligations of tenant

25.21In addition to the tenant’s obligations under subsection 4(1), a tenant of a mobile home site

(a)shall maintain in a good state of neatness, cleanliness and repair

(i)the exterior of the mobile home placed on the mobile home site,

(ii)the skirting of the mobile home, and

(iii)any structure placed by the tenant on the mobile home site;

(b)shall not exercise or carry on, or permit to be exercised or carried on, on the mobile home site or in the mobile home park any illegal act, trade, business, occupation or calling;

(c)shall not, by act or omission, impair, risk or interfere with the safety or any lawful right, privilege or interest of the landlord or of any tenant of a mobile home site in the mobile home park; and

(d)shall not violate any health, safety, housing, or building standard respecting the number of persons occupying a mobile home.

1993, c.23, s.6.

Security deposit

25.3Notwithstanding subsection 8(3), a security deposit for a mobile home site may exceed the rent payable for one month’s occupation of the mobile home site but shall not exceed the rent payable for three months’ occupation of the mobile home site.

1993, c.23, s.6.

Alteration of tenancy agreement

25.31(1)Notwithstanding subsection 9(2), a landlord of a mobile home site may alter any provision of the Standard Form of Lease or other tenancy agreement for the mobile home site, except the one providing for the amount of the rent, if

(a)the landlord serves on the tenant at least three months written notice of the alteration,

(b)the alteration does not conflict with a provision of this Act or with a right or duty stated in this Act, and

(c)the alteration is reasonable and fair.

25.31(2)A tenant of a mobile home site who is served notice under subsection (1) may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.

25.31(3)If a tenant of a mobile home site applies to a rentalsman under subsection (2), the rentalsman shall review the notice and shall ask the landlord to establish

(a)that the alteration does not conflict with a provision of this Act or with a right or duty stated in this Act, and

(b)that the alteration is reasonable and fair.

25.31(4)The rentalsman shall set aside the notice served under subsection (1) if the landlord of the mobile home site fails to establish to the satisfaction of the rentalsman

(a)that the alteration does not conflict with a provision of this Act or with a right or duty stated in this Act, and

(b)that the alteration is reasonable and fair.

25.31(5)The rentalsman shall confirm the notice served under subsection (1) and may vary the day on which the alteration is effective if the landlord of the mobile home site establishes to the satisfaction of the rentalsman

(a)that the alteration does not conflict with a provision of this Act or with a right or duty stated in this Act, and

(b)that the alteration is reasonable and fair.

1993, c.23, s.6.

Increase in rent

25.4(1)Notwithstanding section 11.1, a landlord of a mobile home site shall not increase the rent for the mobile home site except in accordance with this section.

25.4(2)A landlord of a mobile home site may increase the rent for the mobile home site if

(a)the landlord serves on the tenant at least six months written notice of the increase,

(b)the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

(c)the landlord is increasing the rent for each mobile home site in the mobile home park or in the same distinct area of the mobile home park by the same percentage.

25.4(3)A tenant of a mobile home site who is served notice under subsection (2) may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.

25.4(4)If a tenant of a mobile home site applies to a rentalsman under subsection (3), the rentalsman shall review the notice and shall ask the landlord to establish

(a)that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

(b)that the landlord is increasing the rent for each mobile home site in the mobile home park or in the same distinct area of the mobile home park by the same percentage.

25.4(5)The rentalsman shall set aside the notice served under subsection (2) if the landlord of the mobile home site fails to establish to the satisfaction of the rentalsman

(a)that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

(b)that the landlord is increasing the rent for each mobile home site in the mobile home park or in the same distinct area of the mobile home park by the same percentage.

25.4(6)The rentalsman shall confirm the notice served under subsection (2) and may vary the day on which the increase in the rent is effective if the landlord of the mobile home site establishes to the satisfaction of the rentalsman

(a)that the notice of the increase is a document separate from any other notice or receipt given to or served on the tenant by the landlord, and

(b)that the landlord is increasing the rent for each mobile home site in the mobile home park or in the same distinct area of the mobile home park by the same percentage.

25.4(7)Notwithstanding subsection 25.51(2) a tenant of a mobile home site who is served notice under subsection (2) may terminate the tenancy during the six month notice period by serving a notice of termination on the landlord of the mobile home site at least one month before the expiration of any month within the six month period to be effective on the last day of that month.

1993, c.23, s.6.

Assignment of tenant’s rights

25.41(1)Paragraphs 13(3)(a) and 13(4)(d) do not apply to tenancies of mobile home sites.

25.41(2)If a tenant of a mobile home site has given notice to the landlord under paragraph 13(4)(a) and the landlord has refused to give consent to the assignment of the tenant’s rights, the tenant may apply in writing to a rentalsman to have the matter reviewed by the rentalsman.

25.41(3)If a tenant of a mobile home site applies to a rentalsman under subsection (2), the rentalsman shall review the matter and shall ask the landlord to establish that the landlord has not arbitrarily or unreasonably refused to give consent to the assignment of the tenant’s rights.

25.41(4)The rentalsman may waive the requirement for the consent if the landlord of the mobile home site fails to establish to the satisfaction of the rentalsman that the landlord has not arbitrarily or unreasonably refused to give consent to the assignment of the tenant’s rights.

25.41(5)A landlord or a tenant within seven days after being notified of a decision made by the rentalsman under subsection (4) may in writing request the Chief Rentalsman to reconsider the matter.

25.41(6)The Chief Rentalsman shall, on the receipt of a request under subsection (5), reconsider the matter and affirm or reverse the decision made by the rentalsman under subsection (4).

1993, c.23, s.6.

Notice to vacate

1996, c.51, s.6.

25.5Notwithstanding subsection 19(6), a notice to vacate served on a tenant of a mobile home site is effective on the date specified in the notice

(a)where

(i)the landlord of the mobile home site previously served at least three notices to vacate on the tenant under subsection 19(1) and served on a rentalsman, within the time specified in subsection 19(1.2) and in accordance with that subsection, a copy of those notices to vacate,

(ii)a rentalsman served on the tenant, before the commencement of this subsection, at least three notices to quit requested by the landlord, or

(iii)the tenant was previously served with any combination of at least three notices referred to in subparagraphs (i) and (ii) and, where one or more of the required notices was a notice to vacate referred to in subparagraph (i), the landlord served on a rentalsman, within the time specified in subsection 19(1.2) and in accordance with that subsection, a copy of those notices to vacate, and

(b)if the landlord notifies the tenant in the notice to vacate that any payment of rent made by the tenant will not have the effect of continuing the tenancy as provided in subsection 19(4).

1993, c.23, s.6; 1996, c.51, s.6.

Termination of tenancy

25.51(1)Notwithstanding subsection 24(1), a notice of termination of a tenancy of a mobile home site is to be served by the landlord of the mobile home site at least six months before the expiration of any month to be effective on the last day of that month.

25.51(2)Notwithstanding subsection 24(1), a notice of termination of a tenancy of a mobile home site is to be served by the tenant of the mobile home site at least two months before the expiration of any month to be effective on the last day of that month.

1993, c.23, s.6.

Limitation on landlord’s right to terminate

25.6(1)A landlord of a mobile home site shall not serve a notice of termination of a tenancy of a mobile home site unless

(a)the landlord intends in good faith that the mobile home site will be occupied by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse,

(b)the mobile home site will be used other than as a mobile home site, or

(c)the mobile home site will be renovated to such an extent that vacant possession is necessary to perform the renovation.

25.6(2)A landlord who serves a notice of termination of a tenancy of a mobile home site shall state the reason for the termination in the notice of termination.

25.6(3)A tenant of a mobile home site who is served notice of termination of the tenancy may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.

25.6(4)If a tenant of a mobile home site applies to a rentalsman under subsection (3), the rentalsman shall review the notice and shall ask the landlord to establish the reason for the termination.

25.6(5)The rentalsman shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).

25.6(6)The rentalsman shall confirm the notice of termination and may vary the day on which the tenancy is to terminate if the landlord of the mobile home site establishes to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).

25.6(7)If a tenant of a mobile home site does not apply to a rentalsman under subsection (3) within fifteen days after the receipt of the notice of termination of the tenancy, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.

25.6(8)Notwithstanding subsections (7) and 25.51(2), a tenant of a mobile home site who is served a notice of termination of the tenancy may terminate the tenancy during the six month notice period by serving a notice of termination on the landlord of the mobile home site at least one month before the expiration of any month within the six month period to be effective on the last day of that month.

25.6(9)If a landlord who has served a notice of termination of a tenancy of a mobile home site does not, within two months after the tenancy terminates, occupy, lease, use or renovate the mobile home site in a manner consistent with the reason for the termination as stated in the notice of termination, the tenant who was served with the notice of termination may bring an action to compensate the tenant for losses caused by the removal of the tenant’s mobile home from the mobile home site and the installation of the mobile home on another mobile home site including the costs of the removal and installation.

25.6(10)If a notice of termination is served by a landlord of a mobile home site on a tenant of the mobile home site before this subsection comes into force, but the termination is not effective until after the subsection comes into force, the notice is void unless it has been served in accordance with subsection 25.51(1), the reason for the termination is one of those listed in subsection 25.6(1) and the reason has been stated in the notice.

1993, c.23, s.6.

Certain restrictions and requirements void

25.7(1)In this section

“landlord” includes an agent or representative of the landlord.

25.7(2)Any restriction imposed by a landlord of a mobile home site on the right of a tenant of the mobile home site to sell, lease, transfer or otherwise part with possession of a mobile home or an interest in a mobile home is void.

25.7(3)Any requirement under or as a condition of entering into or not terminating a Standard Form of Lease or other tenancy agreement that a tenant of a mobile home site authorize the landlord of the mobile home site to act as an agent of the tenant to sell, lease, transfer or otherwise part with possession of a mobile home or an interest in a mobile home is void.

25.7(4)Any requirement that a tenant of a mobile home site pay an amount of money to the landlord of the mobile home site who acts as an agent of the tenant to sell, lease, transfer or otherwise part with possession of the mobile home on the mobile home site or an interest in the mobile home, except under an agreement entered into after the tenant has placed the mobile home on the mobile home site, is void.

25.7(5)Any requirement that a tenant of a mobile home site pay to the landlord of the mobile home site an amount of money for the entrance of a mobile home into the mobile home park, for the installation of a mobile home on the mobile home site or for the removal of a mobile home from the mobile home site or the mobile home park, except an amount of money to compensate the landlord for a reasonable expense, is void.

1993, c.23, s.6.

Prohibited actions

25.8(1)In this section

“landlord” includes an agent or representative of the landlord.

25.8(2)No landlord of a mobile home site shall restrict the right of a tenant of the mobile home site to sell, lease, transfer or otherwise part with possession of a mobile home or an interest in a mobile home.

25.8(3)No person shall, under or as a condition of entering into or not terminating a Standard Form of Lease or other tenancy agreement, require a tenant of a mobile home site to authorize the landlord of the mobile home site to act as an agent of the tenant to sell, lease, transfer or otherwise part with possession of a mobile home or an interest in a mobile home.

25.8(4)No landlord of a mobile home site who has acted as an agent of a tenant of the mobile home site to sell, lease, transfer or otherwise part with possession of a mobile home or an interest in a mobile home shall require or accept from the tenant payment of an amount of money for so acting, except under an agreement entered into after the tenant has placed the mobile home on the mobile home site.

25.8(5)A landlord of a mobile home site who accepts payment of an amount of money for acting as an agent of a tenant of the mobile home site to sell, lease, transfer or otherwise part with possession of a mobile home or an interest in a mobile home, except under an agreement entered into after the tenant has placed a mobile home on the mobile home site, shall return that amount to the tenant forthwith.

25.8(6)No landlord of a mobile home site shall require or accept from a tenant of the mobile home site payment of an amount of money for the entrance of a mobile home into a mobile home park, for the installation of a mobile home on a mobile home site or for the removal of a mobile home from a mobile home site or mobile home park, except an amount of money to compensate the landlord for a reasonable expense.

25.8(7)A landlord of a mobile home site who accepts payment of an amount of money for the entrance of a mobile home into a mobile home park, for the installation of a mobile home on a mobile home site or for the removal of a mobile home from a mobile home site or mobile home park, except an amount of money to compensate the landlord for a reasonable expense, shall return that amount to the tenant forthwith.

1993, c.23, s.6.

Restitution

25.9If a person is convicted of an offence under section 28 for a violation or a failure to comply with subsection 25.8(4), (5), (6) or (7), the judge may, in addition to any other penalty, order the person convicted to make restitution in relation to the offence.

1993, c.23, s.6.

RENTALSMEN

26(1)The Lieutenant-Governor in Council may appoint one or more persons as rentalsmen who shall carry out such duties as are prescribed by this Act and the regulations.

26(1.1)Among the persons appointed under subsection (1), the Lieutenant-Governor in Council may designate a Chief Rentalsman and a Deputy Chief Rentalsman.

26(2)A rentalsman

(a)may advise landlords and tenants in tenancy matters;

(b)may receive complaints and mediate disputes between landlords and tenants;

(c)may disseminate information to educate and advise landlords and tenants of rental practices, rights and remedies;

(d)may receive and investigate complaints of conduct in alleged contravention of the law of landlord and tenant;

(e)shall make inspections, repairs, collection and payments under the provisions of sections 5 and 6;

(f)shall establish time limits under the provision of sections 5 and 6;

(g)shall carry out his duties under section 8 with respect to security deposits;

(h)may conduct investigations and inspections of premises;

(i)may receive rental and other payments under the provisions of this Act;

(j)may enter premises for the purpose of effecting his duties;

(k)may act under the provisions of section 15 with respect to disposition of chattels; and

(l)shall act under the provisions of this Act with respect to the termination of tenancies.

26(3)No person shall obstruct, prohibit or interfere with the right of a rentalsman

(a)to enter the premises where entry is made on a day other than a Sunday or holiday and is made between eight o’clock in the forenoon and eight o’clock in the afternoon, or

(b)to carry out his powers and duties under this Act.

26(4) Repealed: 1983, c.82, s.17.

1983, c.82, s.17.

27(1)Any landlord or tenant affected by any decision made by the Chief Rentalsman under section 11.2 or section 25.41 or by any decision, notice to quit, notice to comply or order of eviction made or issued by a rentalsman, except a decision made by a rentalsman under section 11.2 or section 25.41, may, within seven days after being notified of the decision or being served with the notice to quit, notice to comply or order of eviction, apply by Notice of Application to a judge of The Court of Queen’s Bench of New Brunswick to review and set aside the decision, notice to quit, notice to comply or order of eviction on the ground that it was made

(a)without jurisdiction, or

(b)on the basis of an error of law.

27(2)The Notice of Application shall be served,

(a)in the case of an application by the landlord, on the rentalsman or the Chief Rentalsman, as the case may be, and the tenant, and

(b)in the case of an application by the tenant, on the rentalsman or the Chief Rentalsman, as the case may be, and the landlord,

in accordance with the Rules of Court.

27(3)A judge of The Court of Queen’s Bench of New Brunswick may, before or after the expiration of the time for making an application under subsection (1), extend the time within which the application may be made.

27(4)Upon service under subsection (2) the rentalsman or the Chief Rentalsman, as the case may be, shall deliver to the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in the possession of the rentalsman or the Chief Rentalsman relating to the application and, if written reasons were given for the decision, a copy of those reasons.

27(5)The judge hearing the application may receive such evidence, oral or written, as is relevant to support or repudiate any allegation contained in the application.

27(6)An application under subsection (1) stays the operation of the decision, notice to quit, notice to comply or order of eviction in respect of which the application is made.

27(7)After hearing the application, the judge may allow the application and set aside the decision, notice to quit, notice to comply or order of eviction or may dismiss the application.

27(8)Where an application under subsection (1) is dismissed the judge shall make an order establishing the date on which the decision, notice to quit, notice to comply or order of eviction is to be effective.

27(9)Where a judge allows the application the judge shall set aside the decision, notice to quit, notice to comply or order of eviction and refer the matter to the rentalsman or the Chief Rentalsman, as the case may be, with directions as to the manner in which the rentalsman or the Chief Rentalsman is to proceed, and the rentalsman or the Chief Rentalsman shall proceed with the matter in accordance with those directions.

27(10)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an application made under this section.

1979, c.41, s.110; 1983, c.82, s.18; 1990, c.9, s.3; 1993, c.23, s.7.

CONFIDENTIALITY OF INFORMATION

27.1No person engaged in the administration of this Act shall disclose personal or financial information which comes to his attention in the course of his duties in such a manner as to identify the person to whom such information relates except

(a)as may be required in connection with the administration of this Act or any proceedings under this Act,

(a.1)as may be required by a peace officer in the course of the peace officer’s duties, or

(b)with the consent of the person to whom the information relates.

1983, c.82, s.19; 1989, c.61, s.6.

OFFENCES

28(1)A person who violates or fails to comply with subsection 13(8) or 25(4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

28(2)A person who violates or fails to comply with subsection 8(4), 8(4.1), 8(4.2), 8(7), 8(7.1), 8(7.2), 8.01(2), 16(1), 25.8(2), 25.8(3), 25.8(4), 25.8(5), 25.8(6), 25.8(7) or 26(3) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

28(3)A person who violates or fails to comply with section 3.1, 14, 17 or 18 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

1983, c.82, s.20; 1984, c.60, s.3; 1985, c.36, s.6; 1990, c.61, s.124; 1993, c.23, s.8; 1999, c.3, s.5.

28.1Any prosecution for an offence under this Act may be instituted at any time within two years after the time when the subject matter of the complaint arose.

1985, c.36, s.7.

28.2In a prosecution for an offence in respect of a contravention of section 16, it is sufficient proof of the offence to establish that it was committed by an agent or representative of the accused whether or not the agent or representative is identified or has been prosecuted for the offence unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

1989, c.61, s.7.

REGULATIONS

29The Lieutenant-Governor in Council may make regulations

(a)providing for the application of a landlord to a rentalsman for a notice to quit;

(b)prescribing forms to be used under the provisions of this Act;

(b.1)prescribing the types of premises or tenancies for the purposes of subsection 8.2(2);

(b.2)prescribing the rate of the residential tenancy administration fee;

(c)prescribing the Standard Form of Lease;

(d)determining the manner of storage and sale of chattels under section 15;

(e)prescribing the duties and powers of the Chief Rentalsman, the Deputy Chief Rentalsman, and of rentalsmen;

(f)providing for the manner of termination of tenancies under sections 5 and 6;

(g)providing for the delivery of security deposits to rentalsmen;

(g.1)prescribing notice periods required in relation to increases in rent;

(g.2)prescribing fees for various purposes under the Act;

(g.3)providing for the bonding of rentalsmen;

(g.4)prescribing interest to be charged as provided under this Act;

(g.5)providing for the procedure in an application to the Court by a party or a rentalsman for an order where a notice to quit, a notice to terminate or a notice to comply has been served; and

(h)generally for the better administration of this Act.

1983, c.82, s.21; 1987, c.52, s.6; 1992, c.64, s.2.

APPLICATION OF ACT

29.1(1)Subject to subsections (2) and (3), the Crown in right of the Province and in every other right is bound by this Act.

29.1(2)This Act does not apply where the tenancy relates to premises developed and financed under the National Housing Act, chapter N-10 of the Revised Statutes of Canada, 1970, and administered by or for the Government of Canada, the Province of New Brunswick, a municipality or a rural community, or any agency thereof.

29.1(3)This Act does not apply where the tenancy relates to premises owned or controlled by an association incorporated under the Co-operative Associations Act, or to which that Act applies, if the premises are occupied by a member or members of the association.

1983, c.82, s.22; 1987, c.52, s.7; 2005, c.7, s.75.

EFFECTIVE DATES

30This Act or any provision thereof shall come into force on a day to be fixed by proclamation.

N.B. This Act, with the exception of subsection 8(7), was proclaimed and came into force January 1, 1983.

N.B. This Act is consolidated to June 18, 2008.