1(1)In this Act,

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:

1(2)Service New Brunswick is responsible for the administration of this Act.

3(1)A landlord

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

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

4(1)A tenant

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

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(1.1)A notice referred to in subsection (1)

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 in writing, dated and signed by the landlord or an agent or representative of the landlord, 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

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.

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(1.1)A notice referred to in subsection (1)

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 in writing, dated and signed by the tenant, 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

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

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(6.2)A tenant who has advised a rentalsman by notice under subsection (2) of a landlord’s failure to comply with the landlord’s obligations under this Act or who has informed a rentalsman under subsection (2.1) with respect to such a failure to comply may apply to the rentalsman to terminate the tenancy.

6(6.3)An application by a tenant under subsection (6.2) shall be made

6(6.4)Subject to subsection (6.6), where a rentalsman has conducted an investigation under subsection (3) and a tenant has applied to the rentalsman under subsection (6.2), the rentalsman may serve on the landlord and the tenant a notice of termination of the tenancy if the rentalsman is satisfied that the landlord has failed to comply with the landlord’s obligations under this Act and that the landlord is not willing to comply with the obligations or is not financially capable of doing so.

6(6.5)A notice of termination served under subsection (6.4) terminates the tenancy on the day specified in the notice.

6(6.6)Where the rentalsman has established under subsection (3) a time within which the landlord must comply with the landlord’s obligations under this Act with respect to a tenancy, the rentalsman shall not serve a notice of termination of the tenancy under subsection (6.4) until after the expiry of that time.

6(6.7)Where a rentalsman serves a notice of termination under subsection (6.4), the rentalsman may order the landlord to pay a specified sum to the tenant

6(6.8)Where a tenancy is terminated by a notice of termination served under subsection (6.4), the landlord is not entitled to compensation or damages in relation to rent that would have become due and payable if the tenancy had not been terminated, and no action or other proceeding lies against the tenant for any loss suffered as result of the termination of the tenancy.

6(8)Where

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

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

8(4)No person shall require

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

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

8(6)A rentalsman

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 fifteen 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 fifteen 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

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

8(12)Where a tenancy has terminated and the tenant has failed to comply with the obligation of the tenant to pay rent, the obligation of the tenant respecting the reimbursement of the landlord’s expenses in the circumstances referred to in paragraph (2)(b), the obligation of the tenant respecting the payment of a late payment fee in the circumstances referred to in paragraph (2)(c) or the obligation of the tenant under paragraph 4(1)(a) or (b) respecting the cleanliness or repair of the premises or any chattels provided in the premises by the landlord, 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 or of the unused balance of the security deposit toward the discharge of the 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 or of the unused balance of it 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)

8(12.021)Notwithstanding subsection (12), where a tenancy has terminated and a judge makes an order under section 8.02 directing a person to deliver the security deposit of a tenant or a portion of the security deposit of a tenant to a rentalsman, the landlord may make a claim for the purpose of subsection (12) within seven days after the security deposit or portion of it is delivered to the rentalsman.

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 or unused balance of it in accordance with subsection (12) is one that should be made in accordance with subsections (12.1) to (12.8), the rentalsman

8(12.1)Where

8(12.2)Subsection (12.1) does not apply where the claim of the landlord is a claim with respect to the obligation of the tenant to pay rent, the obligation of the tenant respecting the reimbursement of the landlord’s expenses in the circumstances referred to in paragraph (2)(b), the obligation of the tenant respecting the payment of a late payment fee in the circumstances referred to in paragraph (2)(c) or the obligation of the tenant under paragraph 4(1)(a) or (b) respecting the cleanliness or repair of the premises or any chattels provided in the premises by the landlord.

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

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 or the unused balance of it in the security deposit fund until the occurrence of any of the following:

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 or of the unused balance of it 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(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 or the unused balance of it that is 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(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.

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 fifteen 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, a tenant’s failure to reimburse the landlord for expenses in the circumstances referred to in paragraph 8(2)(b), a tenant’s failure to pay a late payment fee in the circumstances referred to in paragraph 8(2)(c) or a tenant’s failure to comply with the tenant’s obligation under paragraph 4(1)(a) or (b) respecting cleanliness or repair of the premises or any chattels provided in the premises by the landlord shall be deemed to be a security deposit for the purposes of this Act.

8.011(1)Where a tenant informs a rentalsman in writing that a landlord has failed to deliver or cause to be delivered to a rentalsman a security deposit or any portion of a security deposit as required under subsection 8(7.1) or 8.01(2), the rentalsman may conduct an investigation and may, after conducting the investigation, order the landlord to deliver the security deposit or portion of the security deposit to the rentalsman, within the time specified in the order, if the rentalsman is satisfied that

8.011(2)If upon the expiry of the time set out in an order under subsection (1), the landlord has failed to deliver or cause to be delivered the security deposit or portion of the security deposit to the rentalsman, the rentalsman may deem that all or a portion of the undelivered security deposit or undelivered portion of the security deposit shall be applied toward the payment of the tenant’s rent and so advise the landlord and tenant by notice.

8.011(3)No action or other proceeding lies against a tenant based on a failure to pay rent where, under subsection (2), the rentalsman has deemed that all or a portion of the undelivered security deposit of the tenant or of the undelivered portion of the security deposit shall be applied toward the payment of the rent.

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.

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.

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.

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.

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

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

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

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)

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

11.1(3.1)A notice under subsection (3)

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

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.

12(1)Where a covenant

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

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

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

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

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

13(4.1)A notice to quit referred to in subsection (4)

13(5)Where a tenant has given notice under paragraph (4)(a), if the landlord does not reply by notice in writing, dated and signed by the landlord or an agent or representative of the landlord, within seven days after service of such notice, the landlord is deemed to have given the landlord’s 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,

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

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

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

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.

16(0.1)In this section

16(1)Except as provided in this section and section 25.03, a landlord shall not enter the demised premises during the term of a tenancy.

16(2)Where

16(3)Subject to subsections (4.1), (4.2) and (4.3), where 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 desires to enter to

16(4.1)Where a tenant has in writing requested the landlord to carry out repairs to the demised premises, the landlord may enter the premises without any notice requirement to carry out the requested repairs if the entry is effected within two working days after receipt of the tenant’s written request.

16(4.2)If the repairs referred to in subsection (4.1) are not carried out by the landlord within the period referred to in that subsection, the landlord may only enter the premises to carry out the repairs after having given the tenant a minimum of twenty-four hours’ notice unless paragraph (2)(b) applies.

16(4.3)Where a person or authority having jurisdiction to do so requires, by order or otherwise, a landlord to carry out repairs or cause repairs to be carried out to the demised premises, the landlord may enter the premises to carry out the repairs only after having given the tenant a minimum of twenty-four hours’ notice unless paragraph (2)(b) applies.

16(4.4)Where a landlord gives notice under subsection (4.3), the landlord shall include with the notice a copy of any order or other document provided to the landlord by the person or authority referred to in that subsection that sets out the requirement that the repairs be carried out.

16(4.5)Where a landlord is authorized under subsection (4.1), (4.2) or (4.3) to enter demised premises to carry out repairs, no person shall obstruct the landlord from entering the premises or interfere with the landlord in entering the premises.

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

16(5.1)A notice under this section

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

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

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 fifteen days after the day on which the notice is served on the tenant.

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(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(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,

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

21(1)Where

21(2)Where

21(2.1)Where a tenant retains possession of the premises after the expiration or termination of the tenancy, the landlord may apply in writing 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 in writing 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.

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

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.

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

24(1.1)A notice of termination served by a landlord or tenant under this Act

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.

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

24.1(1.1)Where a tenant advises a rentalsman under paragraph (1)(a) that the tenant intends to contest a notice of termination of a tenancy served by a landlord and the landlord establishes to the satisfaction of the rentalsman that the landlord did not serve the notice of termination because the tenant made a complaint against the landlord, the rentalsman shall confirm the notice of termination and may vary the day on which the tenancy is to terminate.

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

24.11(1)A rentalsman may, on the application of a tenant and after conducting an investigation, serve on the landlord and the tenant a notice of termination of the tenancy if the rentalsman is satisfied that the continuation of the tenancy would cause extreme hardship to the tenant because of a deterioration in the tenant’s health.

24.11(2)A rentalsman who receives an application under subsection (1) shall forthwith serve a notice on the landlord advising the landlord of the application.

24.11(3)A notice of termination served under subsection (1) terminates the tenancy on the day specified in the notice.

24.11(4)Where a tenancy is terminated by a notice of termination served under subsection (1), the landlord is not entitled to compensation or damages in relation to rent that would have become due and payable if the tenancy had not been terminated, and no action or other proceeding lies against the tenant for any loss suffered as result of the termination of the tenancy.

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

24.4(1.1)A notice referred to in subsection (1)

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

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

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

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

24.5(2.1)A notice referred to in subsection (2)

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

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

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

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.

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

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.

25(1)Subject to subsection (1.01), (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

25(1.01)Any notice, process or document to be served by a tenant on a landlord is sufficiently served

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

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

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

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).

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

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.

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

25.31(1.1)A notice referred to in subsection (1)

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

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

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

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

25.4(2.1)A notice referred to in subsection (2)

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

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

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

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.

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).

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.

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

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.

25.7(1)In this section

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.

25.8(1)In this section

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.

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, in addition to carrying out any other duties or exercising any other powers under this Act or the regulations,

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

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, order, notice of termination, 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 order or being served with the notice of termination, 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, order, notice of termination, notice to quit, notice to comply or order of eviction on the ground that it was made

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

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, order, notice of termination, 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, order, notice of termination, 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, order, notice of termination, 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, order, notice of termination, 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.

27.1(1)No person engaged in the administration of this Act shall disclose personal or financial information that comes to his or her attention in the course of his or her duties in such a manner as to identify the person to whom such information relates except

27.1(2)If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.

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(2.1)A person who fails to comply with an order of the rentalsman under subsection 6(6.7) or 8.011(1) 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 or 14, subsection 16(4.5) or section 17 or 18 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

29(1)The Lieutenant-Governor in Council may make regulations

29(1.1)A regulation made under paragraph (a.1) may be made retroactive.

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.