Agreement Requirements

For every tenancy agreement entered into after this section comes into force, the landlord must provide both the landlord and the tenant with two duplicate originals of the Standard Form of Lease as prescribed by regulation. Both parties must sign the document, and each party must retain a copy of it.

Any alteration or deletion from the Standard Form of Lease is void, except where the landlord and tenant agree to an addition to the lease that does not alter any right or duty as stated in the Act or the Standard Form of Lease.

Landlords and tenants must agree to any addition to the Standard Form of Lease that meets the requirements and makes it clear that any addition must appear on both duplicate originals of the Standard Form of Lease to be considered valid.

If a landlord and tenant do not sign a Standard Form of Lease for their tenancy agreement, they are deemed to have done so, and all provisions of the Act and the Standard Form of Lease apply.

If the landlord does not provide the tenant with a Standard Form of Lease, any rental payment owing may be made by the tenant to a residential tenancies officer to be retained by the landlord.

If 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.

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.

Landlords must mitigate any damages resulting from the abandonment or termination of a tenancy by a tenant.

NB Residential Tenancy Act s. 11