In New Brunswick, you cannot sublet or assign your rental unit without the written consent of your landlord. However, under the Residential Tenancies Act, a landlord cannot unreasonably refuse your request. If they do, you can file a free Application for Assistance with the Residential Tenancies Tribunal (RTT).
Life can be unpredictable. Whether you are relocating for a new job in Moncton, travelling abroad for the winter, or moving closer to family in Fredericton, you might find yourself needing to leave your rental unit before your lease expires. Subletting or assigning your lease can be a practical solution to avoid breaking your contract and facing heavy financial penalties.
However, handing over your keys is not as simple as finding a friend willing to pay the rent. 🔍 The province of New Brunswick has specific legal rules that protect both the property owner and the tenant. In this guide, we will walk you through the clear, step-by-step procedure for legally subletting your apartment, ensuring you comply with the provincial Residential Tenancies Act.
Step-by-Step Process in New Brunswick
Whether you live in a high-rise in Saint John or a basement suite in Dieppe, the rules for subletting remain consistent across the province. Understanding the difference between “subletting” (temporarily moving out) and “assigning” (permanently transferring your lease) is crucial before you begin.
Step 1: Review Your Current Lease Agreement
Before doing anything else, closely read your standard New Brunswick lease. 👀 You need to know exactly how many months remain on your agreement and if there are any specific clauses regarding guests or additional occupants. While a landlord cannot completely forbid assigning or subletting, they do have the right to properly screen any proposed replacement tenant.
Step 2: Find a Suitable Subtenant or Assignee
You are responsible for finding the person who will take over your space. It is highly recommended to look for someone reliable, as in a true sublet, you (the original tenant) still remain legally responsible for the lease. If your subtenant damages the property or stops paying rent, the landlord will seek compensation from you. Treat this search as if you were the property manager yourself.
Step 3: Submit a Formal Written Request
Once you find a candidate, you must ask your landlord for permission in writing. ક Provide the landlord with the prospective tenant’s full name, contact information, and any references or employment details they might need to conduct a standard background check. The landlord must evaluate this applicant using the same criteria they would use for any new renter.
Step 4: Wait for the Landlord’s Decision
After submitting your request, the landlord has a reasonable amount of time to respond, typically within seven days. They can say yes, or they can say no with a valid, objective reason (such as the applicant having a documented history of unpaid rent). If the landlord agrees, you should all sign a formal sublet or assignment agreement to put the terms in writing.
Step 5: Contact the RTT if Refused Unreasonably
If your landlord ignores your request or refuses for a reason that seems unfair or discriminatory, you do not have to give up. ⚔ You can submit an Application for Assistance to the Residential Tenancies Tribunal (RTT). A Residential Tenancies Officer will review the situation and can legally force the landlord to accept the subtenant or allow you to terminate your lease without penalty.
How Much Does it Cost in New Brunswick?
Handling a lease transfer is generally a low-cost process, but there are a few financial details to keep in mind. 💵 Here is a breakdown of what you might expect to pay.
| Type of Expense | Estimated Cost (CAD) | What is Included |
|---|---|---|
| RTT Application Fee | $0 (Free) | Filing a dispute or request for assistance with the Residential Tenancies Tribunal. |
| Landlord Admin Fee | $0 to $50 | Landlords can only charge reasonable, out-of-pocket expenses (like a credit check fee) for processing the new tenant. |
| Security Deposit Transfer | Varies (Up to 1 month’s rent) | Usually handled privately. The new tenant pays you for the deposit currently held by Service New Brunswick, assuming no damages. |
Be very careful not to pay arbitrary “sublet fees” that some property management companies try to invent. Under New Brunswick law, landlords cannot charge you simply for the privilege of assigning your lease, beyond actual administrative costs.
How Long Does the Process Take?
The timeline for subletting depends heavily on how quickly you can find a replacement. ⏳ Finding a tenant could take days or weeks. Once you submit the candidate to your landlord, expect a response within 3 to 7 days. If the landlord unreasonably refuses and you must file a claim with the RTT, the investigation and mediation process usually takes about 2 to 4 weeks, depending on their current backlog.
Frequently Asked Questions (FAQ)
What is the exact difference between subletting and assigning?
Subletting means you are moving out temporarily (e.g., for summer vacation) and plan to return before the lease ends. You remain fully responsible to the landlord. Assigning means you are transferring the remainder of your lease permanently and will not return, shifting the primary responsibility to the new renter.
Can the landlord charge a fee for allowing a sublet?
The landlord cannot charge a fee strictly for giving consent. However, they are permitted to ask you to cover reasonable, documented expenses incurred during the process, such as a $25 fee for running a background or credit check on the proposed subtenant.
Am I responsible if the subtenant damages the property?
Yes. If you sublet your apartment, you are still the legal tenant. If your subtenant causes damage or fails to pay rent, the landlord will hold you responsible. You would then have to pursue the subtenant yourself for compensation.
Who holds the security deposit during a sublet?
Your original security deposit remains with the Service New Brunswick (SNB) rent registry. Generally, the subtenant pays you directly for their portion of the deposit, and when the lease ends, SNB returns the funds to you, settling the balance.
Can my landlord ban subletting in the lease?
No. Any clause in a residential lease that completely prohibits assigning or subletting is considered void under the New Brunswick Residential Tenancies Act. They can require their approval, but they cannot issue a blanket ban.
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