Sharing a rental with roommates can make housing more affordable, but adding a guarantor or co-signer changes who is legally responsible for rent and damages. This guide explains, in plain language for tenants in New Brunswick, what guarantors and co-signers do, when a landlord can ask for one, and the limits of their liability. You’ll learn how shared leases work, what forms and notices to expect, and practical steps to protect yourself before signing. The information highlights how to document agreements with roommates, when to involve the Residential Tenancies Tribunal, and where to find official forms and help so you can make informed choices about shared housing.
Who is a guarantor or co-signer?
A guarantor or co-signer is usually a third party who promises the landlord they will pay rent or cover damages if the named tenants fail to do so. In shared housing, a guarantor may be asked for the entire lease or just for one tenant’s portion, depending on how the lease is written. Always confirm whether the guarantor signs for individual obligations or for all tenants jointly.
Legal role and limits
Guarantors are generally bound by the same financial obligations as the tenant they support, but their obligations depend on the wording of the lease or guarantee document. If a guarantor signs only for one roommate, they may not be responsible for other tenants’ actions unless the guarantee explicitly covers the whole tenancy. If a dispute arises, tenants or guarantors can apply to the Residential Tenancies Tribunal for a decision.[1]
When a landlord can ask for a guarantor
- Landlords commonly request a guarantor when an applicant has limited credit history or low income.
- Guarantors may also be requested when tenants are students or starting new jobs and cannot provide typical references.
- Always ask the landlord which documents they will require from a guarantor and how the guarantee must be signed.
Before you agree: practical checks for tenants and guarantors
Both tenants and guarantors should do basic checks before signing. Tenants should confirm whether the lease is joint (all tenants share liability) or several (each tenant responsible only for their portion). Guarantors should understand whether they are consenting to short-term or ongoing liability and whether the guarantee ends if the tenant moves out or the lease is renewed.
- Get the lease and guarantee in writing and read every clause carefully.
- Confirm who is responsible for rent, utilities, and repair costs.
- Ask whether you can limit the guarantor’s liability in writing (for example, to a fixed period or amount).
- Keep contact details for roommates and the landlord and agree on how you will handle missed rent or damage claims.
Documentation and official forms
When a landlord asks for a guarantor, they may provide a specific guarantee form or ask the guarantor to sign the lease as a co-signer. New Brunswick’s tenancy system has official forms and procedures for disputes; tenants and guarantors should review those forms so they understand deadlines and evidence needed before filing. Look up official forms and instructions on the provincial tribunal website for exact templates and submission steps.[3]
Resolving disputes and when to apply to the tribunal
If a landlord seeks unpaid rent or damage payments from a guarantor, both tenants and guarantors can respond with evidence such as rent receipts, bank transfers, or correspondence. If informal resolution fails, either party can file an application with the Residential Tenancies Tribunal for a hearing to determine who is legally responsible.[1]
FAQ
- What is the difference between a guarantor and a co-signer?
- A guarantor typically promises to pay if the tenant defaults but may sign a separate guarantee document; a co-signer may be a party to the lease itself and be named directly on the lease as responsible.
- Can a landlord force a roommate to have a guarantor?
- Landlords can set reasonable rental criteria, including requesting a guarantor, but they must follow provincial rules and cannot use discriminatory criteria. If you believe a request is unfair, you can seek guidance or apply to the Residential Tenancies Tribunal.[1]
- How can a guarantor protect themselves?
- Guarantors should limit liability in writing when possible, keep copies of all signed documents, request regular accounting from the landlord, and ensure the lease clearly states who is responsible for each cost.
How-To
- Ask the landlord for the exact wording of the guarantee or co-signer clause and request a written copy before signing.
- Have all roommates agree in writing how rent and utilities are split and who pays what portion each month.
- If you are a guarantor, confirm whether your obligation is limited to a dollar amount or time period, and try to add that in writing.
- Keep records: rent receipts, payment proofs, and messages about repairs or disputes.
- If a dispute arises, gather evidence and consider filing an application to the Residential Tenancies Tribunal with the official form and fee as required.[1]
Help and Support / Resources
- Contact the Residential Tenancies Tribunal (Service New Brunswick)
- New Brunswick government: Renting, rights and responsibilities
