Many renters in New Brunswick share leases with co-tenants or live with informal roommates, and disputes over unpaid rent, damage or shared responsibilities are common. This guide explains how liability can be assigned between co-tenants, what landlords can lawfully pursue, and practical steps tenants should take to document incidents, preserve evidence and respond to tribunal applications. You will learn when one tenant can be held responsible for another, how to collect records and receipts, and what official forms and deadlines matter in New Brunswick. The tone is practical and supportive, aiming to help tenants protect their rights, reduce risk and approach disputes confidently without assuming legal expertise.
Who can be held liable?
When multiple people sign a lease each is typically jointly and severally liable for rent and agreed obligations. A landlord may pursue any or all co-tenants for unpaid rent or damages under the local tenancy legislation and through the provincial tribunal Residential Tenancies Tribunal[1] and the Residential Tenancies Act (New Brunswick)[2]. Informal roommates who did not sign the lease may still face claims if they caused damage or clearly agreed to share payments.
Common scenarios
- Rent arrears where co-tenants signed the lease and a landlord seeks full payment.
- Repairs and damage claims when shared negligence caused property harm.
- Notices served for lease breaches such as unauthorized occupants or noise complaints.
- Eviction applications naming all tenants on the lease to end tenancy.
Good evidence helps: dated receipts, bank transfers, photos with timestamps, messages about agreements and witness names. If you did not sign the lease, a written agreement showing an obligation to pay can still be persuasive. Where possible, ask the landlord for clear written claims so you can respond precisely.
Forms you may need
Two commonly used official items in New Brunswick are the Application to the Residential Tenancies Tribunal and the Notice to End a Tenancy form. The application is used when a tenant or landlord asks the tribunal to resolve a dispute; for example, a landlord files an application seeking unpaid rent from co-tenants. The Notice to End a Tenancy is used to start termination for specific reasons and contains deadlines and procedural requirements. Both sets of forms and filing details are available from the provincial resources page Residential tenancies forms[3]. For a tenant-focused example: if a roommate leaves owing two months' rent, a co-tenant can gather receipts and the landlord's application to the tribunal may name both signed tenants.
For general tenant steps on obligations and responsibilities see Obligations of Landlords and Tenants: Rights and Responsibilities Explained and province-specific rights at Tenant Rights and Landlord Rights in New Brunswick.
If you need to find a replacement roommate or a new rental, Find rental homes across Canada on Houseme.
FAQ
- Can my co-tenant make me pay their share of unpaid rent?
- Yes, if you both signed the lease the landlord can typically pursue either or both tenants for the full amount; you may then seek contribution from the co-tenant privately or through the tribunal.
- What evidence should I collect if there is a liability dispute?
- Collect dated rent receipts, bank transfer records, photos of damage, written agreements between roommates and any messages that show who agreed to pay what.
- How do I file or respond to a tribunal application in New Brunswick?
- Review the tribunal's application instructions, complete the required form, file by the deadline and bring all supporting documents to the hearing; use the official tribunal resources for up-to-date steps.[1]
How-To
- Document the issue with photos, receipts and a dated written summary of events.
- Contact your landlord and co-tenant in writing to request clarification or a resolution.
- File or respond to an application with the Residential Tenancies Tribunal using the official form and include evidence.
- Attend the tribunal hearing prepared to explain your position and present witnesses or records.
- If the tribunal grants a monetary order, use its enforcement guidance if the debtor does not pay.
- Keep copies of all decisions and correspondence and consider small claims court for further recovery if needed.
Key Takeaways
- Document payments, repairs and communications from day one.
- Respond to notices and applications within stated deadlines.
- Use the tribunal process for fair resolution when negotiations fail.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- Residential Tenancies Act (New Brunswick)
- Residential tenancies forms (New Brunswick)
