The Residential Tenancies Act (the Act) applies to most rental housing in New Brunswick, but not all rental housing. If you have a question about renting, your first step is to determine if the rules of the Act apply to you.
Exceptions to the Residential Tenancies Act
The Act does not apply to you if you live in:
Public housing, which is housing that is owned and operated by the provincial or federal government (see NB Housing and the Residential Tenancies Act below for more info),
- A home where you share a bathroom or kitchen with your landlord,
- A university residence,
- A nursing home or hospital,
- A seasonal vacation home or tourist establishment where you stay for less than 90 days,
- A community placement,
- A child and youth care home,
- A correctional facility,
- A rehabilitative, therapeutic, or psychiatric facility,
- A religious institution,
- An emergency shelter, or
- A youth hostel.
The Act also does not apply in some situations where your housing is connected to your employment:
- If your tenancy agreement requires you to be employed by a business in the building where you live, then the Actdoes not apply to you.
- If where you live is used for business or agricultural purposes with living accommodation attached under a single tenancy agreement, then the Act does not apply to you. For example, agricultural housing for temporary foreign workers that is attached to their workplace.
When the Act applies
The Act applies to all other residential tenancy agreements where a tenant pays rent to a landlord to live in a rental unit. This includes:
- A house,
- An apartment or flat,
- A room in a boarding or lodging house,
- A mobile home, or
- A mobile home site.
The Act also applies to you if your rent is subsidized by the government, so long as you do not live in a home owned and operated by the Federal or Provincial Government.
If you have questions about the Act or tenancy law in general, you can call our Legal Information Line at (506) 453-5369 or email info@legalinfonb.ca for more information.
