Sharing a home with others can be rewarding, but it also comes with specific legal and personal responsibilities. If you’re considering moving into a roommate situation or shared housing in New Brunswick, it’s essential to understand your rights and obligations under provincial law. This guide breaks down what every tenant should know before signing a lease, moving in with a roommate, or navigating shared living issues.
Understanding Roommates & Shared Housing in New Brunswick
Whether you’re moving in with friends or joining an established household, shared accommodations require clear communication and knowledge of your legal standing. In New Brunswick, roommate and shared housing arrangements are subject to the Residential Tenancies Act[1] and overseen by the Residential Tenancies Tribunal.
1. What is a Roommate vs. a Co-Tenant?
- Roommate: Someone who shares the rental unit but may not have their name on the lease. Their legal rights can differ from a co-tenant.
- Co-Tenant: Each tenant signs the rental agreement directly with the landlord. All co-tenants share equal legal responsibility for the rental.
It’s important to clarify your status before moving in.
2. Rental Agreements and Roommate Contracts
Every rental unit in New Brunswick should have a formal tenancy agreement between the tenant(s) and the landlord. However, informal roommate agreements—covering issues like bill payments, chores, and quiet hours—are highly recommended within the shared living group.
3. Joint Liability Explained
If you are a co-tenant, you’re jointly responsible for all rent and any damages. If one roommate fails to pay rent or causes damage, the landlord can hold all tenants accountable. Make sure to discuss this with your prospective roommates and set clear expectations up front. For more on ongoing tenant rights and expectations, see What Tenants Need to Know After Signing the Rental Agreement.
4. Adding or Removing a Roommate
You cannot simply add or remove a roommate without landlord permission. Notify your landlord in writing and, if approved, have everyone sign an updated agreement. The official Notice of Change of Tenants (RTB-114) is required:
- Form Name: Notice of Change of Tenants (RTB-114)
- Use: Inform your landlord and the Residential Tenancies Tribunal of changes to tenancy (e.g., new roommate moves in, someone moves out)
- Download the official RTB-114 form
- Practical Tip: Submit this form promptly to avoid disputes or misunderstandings with your landlord.
5. Roommates and Security Deposits
In New Brunswick, security deposits can only be collected by landlords and never exceed one month’s rent. All tenants who pay toward the deposit should get receipts and understand how the deposit will be refunded if someone moves out. For a deeper dive on this subject, check out Understanding Rental Deposits: What Tenants Need to Know.
6. Privacy and Entry Rights
Landlords must provide 24 hours’ written notice before entering a rental unit, except in emergencies. All roommates deserve reasonable privacy; avoid entering each other’s bedrooms or private spaces without permission.
7. Handling Common Disputes
Roommate conflicts can arise about bills, cleaning, noise, or guests. It’s best to resolve issues amicably, but if not, only legal tenants (those named on the tenancy agreement) can file complaints with the Tribunal regarding the landlord or the tenancy itself. For strategies on dealing with issues, see Common Issues Tenants Face and How to Resolve Them.
8. Rent Payments in Shared Housing
- Decide as a group how rent is split.
- If each tenant pays the landlord directly, keep detailed records.
- If one person collects rent from others and pays the landlord, ensure everyone pays on time—late or missing payments affect all co-tenants.
9. Moving Out and Notice Rules
Giving notice to your landlord requires using the proper form, typically the Tenant’s Notice to Terminate a Periodic Tenancy (RTB-126):
- When: If you, as a tenant, wish to leave the rental unit
- Download RTB-126 from Service New Brunswick
- Provide at least one month's written notice before your intended move-out date.
- If only one co-tenant leaves, clarify ongoing responsibilities in writing.
10. Rights and Responsibilities Overview
Every person living in shared accommodation deserves to live in a safe, healthy space and is responsible for following the tenancy agreement. Issues like repairs, cleanliness, and emergency procedures should be discussed openly.
New to renting in New Brunswick? Visit Tenant Rights and Landlord Rights in New Brunswick for more local tenant facts and resources.
A better roommate experience starts with clarity and communication. Still searching for a place? Explore Houseme for nationwide rental listings to simplify your next move.
Frequently Asked Questions
- Do all roommates in New Brunswick need to be on the lease?
Not always, but being on the lease (as a co-tenant) gives you direct legal rights and responsibilities with the landlord. Roommates not on the lease may have less protection under the law. - Can my landlord evict my roommate without evicting me?
Only tenants named on the lease can be formally evicted through the proper legal process. If your roommate is not on the lease, the landlord may ask them to leave, but must follow appropriate procedures for listed tenants. - What happens to the security deposit if one roommate moves out?
The landlord generally returns the deposit to all tenants at the end of the tenancy. If someone leaves early, co-tenants should settle amounts among themselves since the landlord is not required to refund partial deposits. - How can we resolve disagreements about cleaning or bills?
Roommate agreements, while not legally binding, help set expectations. For ongoing issues, calm discussion is best. If problems involve lease violations, official complaints may be made to the landlord or tribunal. - Are there official forms for changing roommates?
Yes. The Notice of Change of Tenants (RTB-114) must be filed and approved by your landlord and the Residential Tenancies Tribunal when roommates are added or removed.
How Do I...?
- How do I add a new roommate to my lease?
Speak with your landlord and submit the official RTB-114 form. Wait for written approval before your new roommate moves in. - How do I remove my name from a shared lease?
Provide written notice to your landlord and co-tenants. File the Notice of Change of Tenants form (RTB-114) to update the rental agreement legally. - How can I give notice if I'm moving out of shared housing?
Complete and deliver the Tenant’s Notice to Terminate a Periodic Tenancy (RTB-126), providing at least one month's written notice. Notify remaining roommates about your departure. - How do I handle disputes about deposits or damages?
Gather documentation and speak to your landlord first. If unresolved, you can apply to the Residential Tenancies Tribunal for mediation or a decision.
Key Takeaways
- Know whether you are a roommate or co-tenant—legal rights differ.
- Always communicate changes to the landlord using the correct forms (RTB-114, RTB-126).
- Roommate agreements foster better relationships but are not a substitute for the official tenancy agreement.
Need Help? Resources for Tenants
- New Brunswick Residential Tenancies Tribunal: Forms, contacts, and dispute help
- Official Tenant Resources from Service New Brunswick
- Community Legal Services and tenant support groups: Look for local branches in your city
- For more detailed guidance, consult Tenant Rights and Landlord Rights in New Brunswick
