Tenant Sublet Without Permission in New Brunswick

The short answer is that the Residential Tenancies Act has no rule about subletting. It also has no rule about a guest or another person moving in without your approval. The only section that lets a tenant hand a tenancy to someone else is section 13, and it covers assignment: the tenant passes all of the lease rights for the rest of the term, or for part of it, to another person. Searches of the Act and the General Regulation for "sublet", "sublease" and "occupant" found no tenancy rule.

The province's housing pages describe subletting in plain words. They say it is when a tenant re-rents the unit to a third party for part of the lease term and stays completely responsible under the lease. They say assigning a lease is available if the landlord permits it, and they point tenants to Section 6 of the lease to find out whether permission is needed. That is a plain-language description on a government page, not a section of the Act, so it does not create a landlord remedy by itself.

This matters because many landlords expect a "sublet without consent" rule that works like the one in other provinces. In New Brunswick, the sources reviewed do not contain one. Do not tell a tenant that the Act forbids subletting. Look at what your lease says instead.

One caution on timing. The Act on the laws.gnb.ca site was consolidated only to February 1, 2025, and Housing NB has said a rewrite of the Act is targeted for introduction in the legislature by fall 2026. Check the current version of the Act and the TLRO pages before you rely on anything here.

Section 13 of the Act says assignment is allowed subject to the terms of the lease. A lease may forbid assignment, or allow it only with the landlord's consent. The mandatory Standard Form of Lease puts that choice in Section 6, where you tick one of three boxes:

• A: the tenant may assign freely.
• B: the tenant may assign only with your consent.
• C: the tenant may not assign.

If no box is ticked, the form says the tenant may assign their rights, subject to the Act. So an unmarked Section 6 works in the tenant's favour. The province's lease page tells tenants to read Section 6 to find out whether they need permission, and to use the Request for Consent to Assign form where consent is needed.

The first thing to do when you learn about a sublet or assignment is to pull out the signed lease and read Section 6. If you ticked C, the tenant had no right to assign. If you ticked B, they needed your consent. If you ticked A or left it blank, an assignment may have been allowed. Since the Act says nothing about subletting itself, the same Section 6 wording is also the best evidence of what you and the tenant agreed. For help with the wording of a lease, see the New Brunswick lease agreements guide and the required wording guide.

When your lease requires consent, section 13(4) sets the process. The prescribed request is Form 7 under the General Regulation, and the tenant serves it on you in writing. After that:

1. You must not arbitrarily or unreasonably withhold consent.
2. You may charge up to $20 for your reasonable expenses.
3. You must reply in writing within 7 days of service of the request. If you do not, you are treated as having consented.
4. Instead of consenting within those 7 days, you may serve a notice to quit that ends the lease on the day the assignment was meant to take effect.

The notice to quit option has two exceptions. It does not apply where the request is only for a mortgage of the premises, and it does not apply where the assignment covers only part of the remaining term. A notice to quit under these provisions is a serious step, so confirm the exact wording of section 13 with the TLRO before serving one.

The deemed consent in step 3 is the trap for small landlords. A tenant who serves a proper request and hears nothing for 7 days can treat the silence as a yes. If a request arrives, mark the date it was served and decide inside the week.

On a full assignment, the person who takes over (the assignee) assumes the obligations under the tenancy for the period assigned, and no action lies against the original tenant for obligations during that period. A security deposit paid by the original tenant is treated as paid by the assignee for deposit claims and refund requests.

On an assignment of only part of the remaining term, the notice rules change. A breach notice goes to the assignee, and you must send a copy to the original tenant by ordinary mail. A rent increase notice during that period is served on the original tenant, with a copy to the assignee.

For a sublet, the only statement in the sources reviewed is the province's sentence that the tenant remains completely responsible under the lease. The sources do not say who is liable for a subtenant's damage in any more detail, whether you may collect rent from a subtenant, or how long you have to act after you learn about an unauthorised sublet. Those gaps are real. Ask the TLRO rather than assuming an answer.

The Act does not say that a sublet or an extra occupant is a breach. What it does have is a general breach process in section 5, which applies when a tenant fails to comply with the Act or with the terms of the tenancy agreement. Applying that process to an unauthorised sublet is a reading of the sections, not an official statement, and it has not been confirmed in the sources reviewed. If your lease has a clause that forbids assignment or limits who may live in the unit, the process below is the route that fits best.

1. Check Section 6 and any occupancy clause in the signed lease.
2. Serve a written notice of complaint that names the tenant, gives the address, states the complaint, and is dated and signed by you or your agent.
3. Wait for compliance. A tenant has 7 days after receiving the notice to comply, unless it is a conduct complaint, which must be complied with immediately.
4. Tell a residential tenancies officer in writing if the tenant does not comply, with a copy of your notice.
5. The officer may investigate and, at your request, serve a notice to quit. That notice is Form 4.

You cannot take possession on your own. Section 20 says a landlord may not regain possession just because they are entitled to it, except where the tenant has vacated or abandoned, or under a notice to vacate, a termination notice or a notice to quit. Changing the locks is also restricted, as explained in the locks guide. If an eviction order (Form 9) is needed, the officer issues it and the sheriff enforces it. The eviction process guide walks through that step.

Because the Act is silent on subletting, a call or application to the Tenant and Landlord Relations Office is worth making early. The province offers a Landlord Application for Assistance online and as a PDF, and you can read the process on the evictions page and the lease information page. Useful questions are whether a sublet is a breach in your situation, whether you may accept rent from the new occupant, and what record you should keep.

Keep these documents together: the signed lease with Section 6 visible, any Form 7 request and the date it was served, your written replies, photos or messages showing who is living in the unit, and every notice you serve with proof of service dates. If you are unsure whether you can bring a particular person into the tenancy, can my tenant move someone in gives a general overview, and the tenant-side guide on breaking a lease and subletting shows what tenants are told.

For future leases, the clearest protection is the Section 6 box. Choose A, B or C on purpose and make sure the tenant sees your choice before signing. Do not leave it blank unless you are happy for the tenant to assign freely. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.