Evicting a Roommate in New Brunswick: Legal Steps for Tenants

Sharing a rental home with a roommate can help with costs and create a sense of community, but conflicts can arise. If you find yourself in a situation where you need to evict a roommate in New Brunswick, it's important to follow the right legal steps to avoid future disputes and protect your rights. This guide provides tenants in New Brunswick with a clear, step-by-step overview of the process, the forms required, and your obligations under provincial laws.

Roommate Arrangements in New Brunswick: What Tenants Should Know

Before starting the eviction process, clarify your living situation. In New Brunswick, a roommate can either be:

• Co-tenant: Both names appear on the lease. Each tenant is equally responsible for rent and following the lease terms.
• Occupant (unofficial roommate): Only your name appears on the lease, and the roommate may not have a formal agreement with the landlord.

This distinction affects your options for resolving disputes and evicting a roommate.

Understanding the Law: Residential Tenancies Act and the Tribunal

All rental matters in New Brunswick are governed by the Residential Tenancies Act (RTA) [1]. The Residential Tenancies Tribunal administers tenant-landlord issues, including evictions and applications. It's important to know your rights and responsibilities, whether you're a primary tenant or sharing your rental with roommates.

When Can a Tenant Evict a Roommate?

If you're the only tenant on the lease (the primary tenant), your roommate is generally considered your guest or occupant. You may have the right to ask them to leave, but if your roommate refuses, formal legal action may be required. For co-tenants (both names on the lease), only the Residential Tenancies Tribunal or your landlord can serve an official eviction notice.

If conflicts arise over rent, damages, or lease violations, refer to your rental agreement and communicate with your landlord as soon as possible. For joint tenancies, it might be helpful to review Obligations of Landlords and Tenants: Rights and Responsibilities Explained to better understand co-tenant duties.

Legal Steps for Evicting a Roommate

Depending on your relationship to the lease and your roommate's status, follow these steps:

Step 1: Communicate and Attempt Resolution

• Discuss issues calmly and clearly with your roommate.
• Try to resolve disputes regarding noise, cleanliness, or unpaid rent informally first.
• Keep a written record of your conversations and any agreements made.

Step 2: Provide Written Notice (for Occupants)

• If your roommate is not on the lease, you may give them a reasonable written notice to leave—typically 30 days is fair, but check any written roommate agreement.
• If safety, harassment, or health concerns are present, document the problems before proceeding.

Step 3: Apply to the Tribunal (if Necessary)

• If your roommate refuses to leave, only the Residential Tenancies Tribunal can issue an order for eviction if the occupant is interfering with your use of the property, causing damage, or engaging in illegal activity.

Key Form: Application for an Order (RTB-6)

• What it is: The RTB-6 form is an Application for an Order used to request the Tribunal's intervention, such as for eviction.
• How to use it: Submit the completed RTB-6 form to the Residential Tenancies Tribunal if your roommate won't vacate after notice, including evidence such as communications and documentation of issues.
• Download the Application for an Order (RTB-6) form (PDF)

Step 4: Tribunal Hearing and Decision

• After submitting your application, the Tribunal may schedule a hearing.
• You and your roommate will have the chance to present evidence.
• If the Tribunal grants the order, it can be enforced if your roommate still refuses to leave.

Shared Responsibility: Rent and Lease Obligations

Remember, you remain responsible for the full rent under your lease unless your landlord agrees to remove your roommate and amends the lease. Visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more on your continued obligations, even after a roommate departs.

When to Involve the Landlord

If your roommate is a co-tenant (both signed the lease), the landlord typically starts the eviction process for serious breaches. If you need to end your part of the lease or want guidance on moving out, review How to Properly End Your Rental Agreement as a Tenant.

Summary of Steps

Here's a quick overview for tenants in New Brunswick:

• Confirm roommate's legal status and lease details.
• Attempt informal resolution.
• Issue written notice if they're not on the lease.
• Apply to the Residential Tenancies Tribunal using the correct form if needed.
• Attend any hearing and prepare documentation.

If you're seeking a new place after a roommate issue, you can Explore Houseme for nationwide rental listings.

For more on your provincial tenancy rights and responsibilities, see Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions

1. Can I evict my roommate if they are not on the lease?
   If your roommate is not on the lease, you can give them written notice to leave, but if they refuse, you'll need to apply to the Residential Tenancies Tribunal for an order.
2. What if both of us are on the lease but my roommate won't move out?
   Only the landlord or the Residential Tenancies Tribunal can initiate eviction against a co-tenant. Speak with your landlord to discuss your options and lease terms.
3. Which form do I use if I need the Tribunal to evict my roommate?
   Use the RTB-6 Application for an Order. This form allows tenants to ask the Tribunal for help removing an occupant due to breach of agreement or disruptive behaviour.
4. Am I responsible for rent if my roommate stops paying?
   If you're both on the lease (co-tenants), both are usually fully responsible for rent. If not, check your own lease and roommate agreement for specific terms.
5. Where can I get official help with roommate eviction in New Brunswick?
   You can contact the Residential Tenancies Tribunal for guidance and access to required forms.

Key Takeaways for Tenants

• Determine your roommate's legal status and read your lease to understand rights.
• Attempt informal resolution before involving authorities.
• Use the correct application form (RTB-6) and follow Tribunal procedures if a formal eviction is necessary.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal – Information for Tenants
• Residential Tenancies Act (New Brunswick)
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant guides and support
• Toll-Free Tribunal Inquiries: 1-888-762-8600

1. New Brunswick Residential Tenancies Act
2. Residential Tenancies Tribunal – Province of New Brunswick