New Brunswick renting guide

Breaking a lease early in New Brunswick

Leaving a fixed-term lease before it ends usually means you still owe rent to the end of the term, but your landlord has to try to re-rent, which lowers what you owe. A few situations let you end early.

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Can I break my lease early in New Brunswick?

For tenants

There is no flat penalty in the law. If you break a fixed-term lease early you generally owe rent until the end of the term, but your landlord must make a real effort to re-rent, and once it is rented your share stops. You can also ask to assign the lease. If you are leaving because of domestic, intimate partner, or sexual violence, or criminal harassment, you can end the tenancy with one month's notice and a signed Third-Party Declaration, with no penalty.

For landlords

When a tenant leaves early you have a duty to mitigate, which means making reasonable efforts to re-rent rather than letting it sit and billing the tenant. You cannot collect rent twice for the same period. A tenant ending early because of domestic or sexual violence can do so with one month's notice, and you are not entitled to compensation for the lost rent.

The key facts

Early exit: Usually owe rent to end of term
Landlord must: Try to re-rent (mitigate)
Violence exception: 1 month's notice, no penalty

Common questions

Can I break my lease early?

You can leave, but you usually owe rent until the end of the term. Your landlord has to try to re-rent the place, which reduces what you owe. You can also ask to assign the lease, and there are exceptions for violence and serious health hardship.