If you're a renter sharing housing in New Brunswick and considering a roommate, you may wonder what a landlord can legally check before or after a new person moves in. This guide explains how background checks, credit inquiries, and references are treated under New Brunswick tenancy rules, and what tenant privacy protections apply. It covers who can consent, when a landlord may reasonably request information, and practical steps tenants and prospective roommates can take to protect privacy and housing stability. Wherever possible we highlight official forms and the Residential Tenancies Tribunal process so you know where to get help if a dispute arises in New Brunswick.
What the law says
In New Brunswick the Residential Tenancies Tribunal handles many disputes between renters and landlords; you can apply to the Tribunal for issues about applications, deposits, or consent-related disputes [1]. The governing provincial law sets out what landlords may include in rules for tenancy and how personal information should be handled [2]. Landlords must also follow provincial privacy obligations and cannot use discriminatory criteria under human rights rules.
Common checks landlords may request
- Proof of income or recent pay stubs to confirm ability to pay rent
- Credit checks or credit reports when the prospective tenant gives written consent
- References from prior landlords or a rental history check
- Identity verification such as government ID to match a signed lease
When landlords request credit or criminal-background information they should explain what they are checking and obtain written consent. Tenants and roommates can ask to see what information the landlord used to make a decision and request corrections if it is inaccurate.
What landlords should not ask or do
- Demand social media passwords or access to private online accounts
- Ask for detailed medical records or disability diagnoses that are unrelated to tenancy
- Use membership in a protected class as a screening factor or refuse housing for discriminatory reasons
If a landlord refuses a prospective roommate after a background check, ask for a written explanation and what specific information led to the decision. Keeping copies of applications, consent forms, and communications helps if you need to challenge a decision.
How landlords and roommates can handle consent
Consent should be informed and written. A landlord should state exactly which checks will be run, why they are necessary, and how long any results will be kept. Roommates who will be living under the same lease should agree in writing about what information each person will provide. If a roommate refuses a specific check, discuss alternatives like a guarantor or additional deposit instead of coercing private data.
FAQ
- Can a landlord run a criminal record check on a roommate without consent?
- No. Landlords should get explicit written consent before running criminal record checks; without consent running that check may violate privacy rules and could be challenged. If consent is given, landlords must still follow provincial rules about using that information.
- Can a landlord refuse a roommate based on a credit report?
- Yes, if the landlord lawfully obtains a credit report with consent and uses clear, non-discriminatory standards. Tenants can request details about the decision and dispute inaccurate information.
- What if a landlord shares my background information with others?
- Sharing private background information without consent can breach privacy obligations; you can ask the landlord to stop and file an application with the Residential Tenancies Tribunal if necessary [1].
How-To
- Ask the landlord in writing what checks they will run and request a copy of any report used to deny an application.
- Provide only the minimum documents requested and give written consent when you understand the scope and purpose.
- If denied, ask for a written reason and collect all correspondence and copies of reports you can obtain.
- If you believe rules were broken, file an application with the Residential Tenancies Tribunal or seek assistance from the provincial help pages listed below [1].
Key Takeaways
- Landlords may request checks with informed, written consent and must follow privacy laws.
- Tenants can ask for details, dispute inaccuracies, and request alternative screening solutions.
- The Residential Tenancies Tribunal is the place to apply if screening practices violate rules or privacy.
Help and Support / Resources
- Residential Tenancies Tribunal - Government of New Brunswick
- Residential Tenancies Act and rules - Government of New Brunswick
- Application form to the Residential Tenancies Tribunal - Government of New Brunswick
You can also search available rentals while you resolve screening issues: Find rental homes across Canada on Houseme.
