Living with a roommate can be a great way to reduce housing costs in New Brunswick, but what happens if your roommate fails to pay their share of the rent? Many tenants worry they’ll be held responsible if someone else in the household falls behind. This guide explains your legal position, how New Brunswick tenancy law applies, your options if a roommate stops paying rent, and practical steps for protecting yourself.
How Roommate Arrangements Work in New Brunswick
First, it’s important to understand the difference between co-tenancy and subletting in New Brunswick. The rules that apply depend on who signed the lease and how your agreement is structured.
- Co-tenants: Both (or all) roommates sign the official lease with the landlord. Each person is a tenant in the eyes of the law, and can be held jointly responsible for the full rent.
- Subtenants: Only one roommate is on the lease and "sublets" a room to another person. The subtenant pays rent to the tenant, not directly to the landlord.
Your responsibilities and risks can differ dramatically based on which situation you’re in.
Who Is Responsible for Unpaid Rent?
According to the Residential Tenancies Tribunal of New Brunswick, if you are a co-tenant (your name is on the lease), you and your roommates are typically considered jointly and severally liable. This means the landlord can pursue any one or all tenants for the full rent amount—not just your share—even if only one person has failed to pay.
If you are a subtenant and your name is not on the official lease, your legal responsibility is to the person you pay rent to, not the landlord. In this case, the main tenant remains fully responsible to the landlord for the entire rent.
Relevant Legislation and Where to Find Help
The governing law is the Residential Tenancies Act of New Brunswick.1 The main body that handles complaints and disputes is the Residential Tenancies Tribunal.
What If the Landlord Demands Payment?
If your landlord doesn’t receive full rent, they are entitled to demand the outstanding amount. If you are a co-tenant, the landlord can ask you to pay the entire rent, not only your share. If the full rent is not paid, the landlord may take further steps, such as issuing a Notice to Vacate or filing an application with the Tribunal.
Visit Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for practical advice on handling missed payments and communicating with your landlord.
Protecting Yourself Before and During a Roommate Situation
- Discuss and agree on how rent will be paid and tracked before moving in
- Consider a written roommate agreement covering payment responsibilities and conflict resolution
- Keep detailed records of your rent payments and communications with both the landlord and the roommate
For more on tenant responsibilities after move-in, see What Tenants Need to Know After Signing the Rental Agreement.
What Steps Can You Take If Your Roommate Stops Paying?
If your roommate stops paying, take these actions promptly to protect your rights:
- Speak to your roommate and try to resolve the issue. Confirm all payment agreements in writing.
- Notify your landlord in writing of the situation.
- Continue paying your share if possible, but be aware the landlord can seek the full amount from you if you’re a co-tenant.
- If the roommate won’t cooperate, consider giving proper notice to move out or seek advice from the Tribunal.
Official Forms You Might Need
- Notice to Terminate a Lease (Form RTB-25): Use this form if you wish to end the tenancy due to unresolved rent issues. Download RTB-25 here. Fill it out and provide it to your landlord with proper notice.
- Application for Assistance (Form RTB-6): File this with the Residential Tenancies Tribunal if a dispute cannot be resolved. Download RTB-6 here. Submit it according to Tribunal instructions.
Always keep copies of all forms and correspondence as part of your records.
Can You Recover Money from a Defaulting Roommate?
If you paid more than your original share due to a roommate’s nonpayment, you can take civil action (such as Small Claims Court) to try to recover the money, using receipts and written agreements as evidence. The Residential Tenancies Tribunal does not resolve disputes between roommates unless they both appear on the lease.
Where Can Tenants Find Comprehensive Information?
For a broad overview of your rights and responsibilities as a tenant, visit Tenant Rights and Landlord Rights in New Brunswick. You can also Find rental homes across Canada on Houseme if you need to relocate or are searching for a new place with a more stable roommate arrangement.
FAQ: Common Questions About Roommate Rent Liability
- Can my landlord evict me if my roommate doesn’t pay their share?
Yes, if the full rent isn’t paid and you are a co-tenant, the landlord can start eviction proceedings against all tenants on the lease, even if you personally have paid your share. - What should I do if my roommate refuses to pay rent?
Communicate with your roommate, notify the landlord in writing, pay your share if possible, and consider using official forms to terminate the lease or seek Tribunal assistance if needed. - What if I’m not on the lease?
If you are a subtenant and your name is not on the lease, only the official tenant is liable to the landlord. However, you may still face eviction if the leaseholder defaults. - Is there a government body that can help resolve roommate disputes?
The Residential Tenancies Tribunal can help if all roommates are on the lease. Otherwise, disputes over money between roommates may require Small Claims Court. - How much notice do I need to give if I want to move out?
Notice requirements vary by lease type and situation. Use Form RTB-25 and review the Act or consult the Tribunal for guidance.
Key Takeaways for Tenants in Shared Housing
- If you’re a co-tenant, you are generally responsible for the full rent if a roommate defaults
- Communication, written agreements, and official notices protect your legal position
- When in doubt, consult the Residential Tenancies Tribunal or local tenant support organizations
Understanding your rights under New Brunswick’s Residential Tenancies Act and being proactive helps you avoid rental disputes and financial surprises.
Need Help? Resources for Tenants
- New Brunswick Residential Tenancies Tribunal – forms, information, and complaint resolution
- Dial 1-888-762-8600 for general inquiries about tenancies in New Brunswick
- Legal Aid New Brunswick – information and support for qualified tenants: Legal Aid NB
- Tenant advocacy groups may offer additional advice and support specific to your situation
