Adding a Person to Your Lease in New Brunswick: Tenant Guide

If you want to add a roommate, partner, or family member to your lease in New Brunswick, there are clear steps—and important legal rules—you should know. This guide explains everything tenants need to do, your rights and responsibilities, and what to expect according to New Brunswick tenancy law.

Understanding the Legal Framework in New Brunswick

Tenant and landlord relationships in New Brunswick are governed by the Residential Tenancies Act (RTA). All changes to a lease—such as adding a new tenant—must follow this Act, overseen by the Residential Tenancies Tribunal of New Brunswick^[1].

Can You Add Someone to Your Lease?

In New Brunswick, you cannot simply move someone in and have them become a legal tenant. To officially add another person to your lease, you must:

• Get written consent from your landlord
• Sign a new rental agreement or an addendum with the landlord and the new tenant's name(s)
• File the amended agreement with the Tribunal if requested

The process protects your rights and ensures everyone is legally responsible for rent and property care. Always check your lease terms for additional restrictions or requirements.

How to Add a Person to Your Lease: Step-by-Step

1. Ask Your Landlord in Writing

Email or give your landlord a written request saying you want to add another tenant. Explain who the person is and why you’re making this change (for example, a partner moving in).

2. Landlord Evaluation

Your landlord can ask for reasonable information about the new occupant, such as proof of income or references, and might require an application. They cannot refuse your request without a valid reason, as doing so could sometimes violate your rights under law. However, they may deny if:

• The unit would become overcrowded
• The new person fails a standard rental background check
• The lease prohibits additional tenants and the limit is reasonable

3. Use the Right Forms

To add a person to your lease in New Brunswick, you and your landlord must agree:

• New Lease Agreement or Addendum: If approved, your landlord may ask all parties to sign a revised Standard Form of Lease (Form 1) or a written addendum. The new tenant is now responsible for all lease obligations.
• Submit to the Tribunal (if needed): Some landlords may file the updated information with the Residential Tenancies Tribunal. If your landlord requires, obtain and submit a copy of the updated lease or addendum.

Example: If your partner moves in and your landlord agrees, you’ll both sign a new or amended lease. The landlord submits this document to the Tribunal if necessary.

4. Understand Your Rights and Responsibilities

Once a new tenant is on the lease:

• Everyone on the lease is jointly responsible for paying rent and following rental rules
• Any security deposit may not automatically increase. For more details, see Understanding Rental Deposits: What Tenants Need to Know.
• You must notify the Tribunal and your landlord if you later want to remove someone from the lease

For a detailed overview of rights and responsibilities, see Tenant Rights and Landlord Rights in New Brunswick.

Key Forms: New Brunswick Residential Tenancies

• Residential Tenancy Agreement (Form 1): Used to create or update a lease. Landlord and all tenants (new and existing) sign.
  Access Form 1 here^[2].
• Request for Approval or Dispute (Form 5): If the landlord refuses a reasonable request to add a tenant, you may apply to the Tribunal for a decision.
  Access Form 5 here^[2].

Tip: Always keep copies of your submitted forms and updated leases for your records.

Other Things to Consider

• If adding a person increases wear-and-tear or utilities, your landlord cannot raise your rent until the next permitted increase. For more, see Understanding Rent Increases: What Tenants Need to Know.
• Remember to update your contact details, insurance, and, if needed, submit a "Change of Occupant" notice to the landlord.
• If you experience problems or disputes during this process, the Tribunal can help resolve issues between tenants and landlords.

You can Explore Houseme for nationwide rental listings if you’re seeking new housing with a potential roommate.

FAQs: Adding a Person to a Lease in New Brunswick

1. Can my landlord refuse to let someone be added to my lease?
   Yes, but only for valid reasons like overcrowding or if the new tenant cannot pass standard screening. Unreasonable refusal may be challenged at the Tribunal.
2. Does adding a new tenant affect my rent or deposit?
   Your rent cannot be increased immediately just because another person is added, but it may be reviewed at the next legal rent increase period. Deposits are not automatically changed.
3. What if my landlord asks me to fill out a new lease?
   This is standard practice—ensure both you and the new tenant read and sign the revised agreement. Keep copies for future reference.
4. Who do I contact if the landlord denies my request without reason?
   File a "Request for Approval" form with the Residential Tenancies Tribunal for help resolving the issue.
5. Am I responsible for my roommate’s actions if they’re added to my lease?
   Yes, after they're officially on the lease, you are both jointly responsible for rent and property conditions.

Conclusion: Key Takeaways

• Securing landlord approval and using approved forms are crucial when adding a person to your lease in New Brunswick.
• All new tenants on the lease have equal responsibility for rent and rules.
• The Residential Tenancies Tribunal helps resolve disputes if you encounter unfair treatment.

Communicate early and keep records to protect your rights and avoid misunderstandings.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick: Guidance, application forms, dispute resolution, and official process explanations.
• Public Legal Education and Information Service of New Brunswick: Free tenant information and help.
• For more provincial tenant information, see Tenant Rights and Landlord Rights in New Brunswick.

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1. ^[1] Residential Tenancies Tribunal of New Brunswick – Government of NB
2. ^[2] Tribunal Rental Forms – Government of NB

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