Co-tenant liability can be confusing for renters in New Brunswick when one household member misses rent, causes damage, or breaches the agreement. This guide explains tenant and co-tenant responsibilities, how to prepare evidence, and the practical steps to resolve disputes with the Residential Tenancies Tribunal. It is written for tenants and renters who need clear, plain-language advice on filing an application, responding to claims, and protecting credit and rental history. You will find action steps, examples of common scenarios, and links to official provincial resources that help you take the next steps with confidence.
What co-tenant liability means in New Brunswick
When two or more people sign a rental agreement, they are usually jointly responsible for the tenancy. That means a landlord can pursue any or all co-tenants for unpaid rent, damage, or other breaches. The Residential Tenancies Tribunal decides who is responsible and how much each person owes by looking at the lease, evidence, and the behaviour of each party during the tenancy.[1]
How the Tribunal handles co-tenant disputes
The Residential Tenancies Tribunal (the provincial body that resolves landlord-tenant disputes) applies the Residential Tenancies Act for New Brunswick when deciding cases. The Tribunal can issue orders for payment, repairs, or other remedies depending on the facts presented. If you are named in a claim, respond promptly and gather records that show your involvement or lack of involvement.
Key evidence the Tribunal looks for:
- Signed lease or rental agreement showing who is on the tenancy and any notes about payment responsibilities.
- Copies of rent receipts, bank transfers or e-transfers proving who paid and when.
- Written notices or communications about missed payments, agreements to pay, or requests for repairs.
- Photos or receipts documenting damage and any steps taken to fix or report issues.
Before filing: practical steps for tenants
Try resolving the issue directly with your landlord and co-tenant first. A short written agreement between co-tenants about who pays what can prevent Tribunal claims. If informal resolution fails, prepare to file or respond to an application.
- Contact the landlord in writing to ask for an itemized statement of the claim and any supporting invoices.
- Gather documents: lease, payment records, photos, messages and witness names.
- Talk to your co-tenant and try to agree on splitting liability; get any agreement in writing.
- Note deadlines for responding to an application and for the hearing date from the Tribunal.
Filing an application at the Tribunal
If you cannot resolve the dispute, either a landlord or a tenant may file an application with the Residential Tenancies Tribunal to ask for an order. The Tribunal has official forms and instructions for filing, and you should follow them closely. If you are responding to an application, file a written answer and attach your evidence by the deadline provided by the Tribunal.[1]
Common outcomes and orders
- The Tribunal may grant full or partial payment orders that specify how much each co-tenant owes.
- The Tribunal may order repairs or set deadlines to fix damage and recover costs.
- In some cases, the Tribunal can order termination of the tenancy if breaches are serious.
Defence tips for named co-tenants
If you are named in a claim you believe is unfair, clearly explain your role: for example, whether you moved out before the unpaid period, never received keys, or were not responsible for a repair issue. Provide dated evidence and any messages showing attempts to resolve the problem with the landlord or the co-tenant.
When to seek legal help or mediation
Consider free tenant advice services, community legal clinics, or a lawyer if the amounts are large or the legal issues are complex. Mediation can be faster and less costly than a hearing and can preserve rental references if an agreement is reached.
Related tenant resources
For more general guidance about tenant responsibilities in New Brunswick see Tenant Rights and Landlord Rights in New Brunswick and after signing a lease review What Tenants Need to Know After Signing the Rental Agreement. You can also use a national rental search tool such as Find rental homes across Canada on Houseme to find replacement housing if needed.
FAQ
- Can the landlord make only one co-tenant pay for all arrears?
- No. A landlord can pursue any or all co-tenants for arrears, but the Tribunal will consider who actually caused or allowed the arrears before assigning final responsibility.
- If a co-tenant damages the unit, am I automatically liable?
- Not automatically. You may be liable if the damage is due to shared negligence or if your lease makes all tenants jointly responsible; evidence of who caused the damage matters.
- What evidence helps if I’m wrongly named?
- Receipts, dated photos, bank statements, messages, and witness statements that show you did not cause the arrears or damage are most helpful.
How-To
- Gather all tenancy documents and payment records to show who paid and when.
- Try written communication with your landlord and co-tenant to resolve the issue informally.
- If needed, complete and submit the Tribunal application form following the official instructions.[3]
- Prepare for the hearing: organize your evidence, prepare short statements, and bring witnesses if available.
Key Takeaways
- Co-tenants are often jointly responsible but the Tribunal allocates liability based on evidence.
- Keep clear records of payments, messages and repairs to protect yourself in disputes.
Help and Support / Resources
- Residential Tenancies Tribunal (Government of New Brunswick)
- Official provincial forms and instructions (Service New Brunswick)
- Tenant assistance and contact information (Government of New Brunswick)
