New Brunswick Commercial Lease Guide (Canada)

Commercial Lease Guide for New Brunswick

A practical, tenant-focused guide to New Brunswick commercial leases — not legal advice.

Not legal advice. Use this as a checklist and discuss with a qualified professional.

What to know before you sign

New Brunswick leases frequently combine base rent with additional rent for operating costs, and “small” wording differences can shift major budget risk to tenants.

Your best protection is a clear cost model: defined pass-throughs, written service scopes, and default language with notice and cure periods.

Major markets

Where leasing norms concentrate.

Moncton
Saint John
Fredericton
Dieppe
Bathurst

Common lease types

Typical structures and what to watch.

Retail: net lease (additional rent + CAM)
Office: modified gross (escalations and utilities)
Industrial: net lease (roof/HVAC/paving responsibility)

Cost drivers

Items that often create surprise bills.

HST treatment on rent and recoveries
Additional rent/CAM definitions and audit rights
Snow/ice removal and exterior maintenance scope
Repairs vs. replacement exposure for major building systems
Default language (fees, acceleration, attorney-cost shifting)

Key things to watch in New Brunswick

Leasing norms and pass-through structures vary by province/territory. Here are top issues we see for tenants in New Brunswick:

Renewal Options & Notice Deadlines

Renewal clauses often require strict written notice. Calendar deadlines and negotiate longer notice windows where possible.

Pass-Through Cost Controls

Require transparency for operating costs and property taxes, and negotiate caps on controllable expenses.

Negotiation checklist

Define and audit additional rent/CAM

Require budgets, annual reconciliation, and audit rights. Exclude landlord overhead and capital replacements (or amortize).

HST clarity

Confirm whether base rent and additional rent are “plus HST”. Treat tax treatment as a real monthly budget line item.

Winter and exterior scope

Define service levels and areas for snow/ice removal. Avoid being responsible for whole common areas in multi-tenant properties.

Default language you can survive

Add written notice + cure periods, cap late fees/interest, and avoid acceleration language and broad attorney-fee shifting.

Repairs vs. replacement boundaries

Separate routine maintenance from major replacements (roof/HVAC/structural). Negotiate caps for tenant responsibilities.

Exit flexibility

Negotiate reasonable assignment/sublease rights and consent standards so you can sell the business or relocate.

Common landlord traps

Uncapped pass-throughs: Operating costs, taxes, and insurance can rise year-to-year without a cap.
Capital replacements billed to tenant: Avoid language that makes you pay for roof/HVAC replacement.
Short notice deadlines: Renewal and termination rights can depend on strict written notice windows.

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Official resources

Service New Brunswick — corporate registry New Brunswick Finance and Treasury Board New Brunswick business resources

Other tools

Frequently asked questions

What should I ask for before signing a New Brunswick commercial lease?

Ask for a full cost worksheet: base rent, estimated additional rent/CAM, utilities, insurance, and any one-time buildout costs. Require reconciliation and audit rights so you can verify charges.

How do I avoid surprise “additional rent” bills?

Insist on clear definitions, an itemized budget, annual reconciliation, and audit rights. Exclude capital replacements (or require amortization) and cap admin/management fees.

Does BizLeaseCheck provide legal advice?

No. It helps you spot common risks and compare leases quickly, but it’s not legal advice. Use it alongside qualified professional review for your situation.