Handling Roommate Damage Claims in New Brunswick

Dealing with damage caused by a roommate is stressful for tenants. In New Brunswick you have rights as a renter and must follow clear steps to protect your finances and record of the unit. This guide explains how to document damage, when to talk to your landlord or roommate, how security deposits may be used, and how to apply to the Residential Tenancies Tribunal if needed. It is written for everyday renters who want plain-language, practical steps to resolve disputes fairly and avoid escalation. Keep records, act within deadlines, and use the official forms and tribunal procedures if an informal resolution isn’t possible.

What counts as damage and who is responsible?

Damage is physical harm beyond normal wear and tear: holes in walls, broken windows, significant staining, or destroyed appliances. Responsibility depends on agreements, who caused the damage, and whether the landlord must repair for habitability. If a roommate directly caused damage, they are typically responsible to reimburse the tenant or landlord for repair costs. If the landlord’s actions or lack of maintenance contributed, the landlord may be responsible.

Gather evidence before you act

• Take clear photos and short videos of damage from multiple angles and include a timestamp or a second photo showing the date on a phone or calendar.
• Keep a written log of conversations, dates and what was said about who caused or will fix the damage.
• Save receipts for repairs, cleaning, or replacement items paid by you.
• Collect witness names (other roommates or neighbours) and contact details in case a tribunal needs statements.

Talk first: steps to try an informal resolution

Start by discussing the issue calmly with your roommate and see if they will pay or share repair costs. If the roommate refuses, speak with the landlord to explain the situation and show your evidence. The landlord may deduct legitimate repair costs from the security deposit when a tenancy ends, following provincial deposit rules and timelines.

For detailed deposit rules, see Understanding Rental Deposits: What Tenants Need to Know.

When to use official forms and the tribunal

If informal efforts fail, you can submit an application to the Residential Tenancies Tribunal. Mentioned below are common official forms and when to use them.

• Application to the Residential Tenancies Tribunal — used to ask the tribunal to decide on damage claims, deposit deductions, or reimbursement when parties disagree. See the Tribunal forms and procedures^[2].
• Notice of Intent or Informal Demand — a written request to the roommate asking for repayment before filing an application; include copies of photos and receipts to support the claim.

Practical examples and calculation

If a roommate damaged a window and paid nothing, you can:

• Get a repair estimate or receipt showing the replacement cost and date.
• Present photos, the receipt, and any written communication to the landlord or tribunal as evidence.
• If the tenancy ends, the landlord may deduct repair costs from the security deposit under provincial rules^[1], or you can apply to the tribunal to recover unpaid amounts from the roommate.

Preparing a tribunal application

Before applying, compile:

• Photos and videos (dated), repair invoices or receipts, and your written damage log.
• Any written agreements or clauses in your tenancy agreement about shared responsibilities.
• Contact details for the roommate and any witnesses.

Costs, hearings and outcomes

The tribunal process may include a hearing where both parties present evidence. The tribunal can order repayment, authorize deposit deductions, or dismiss claims. Keep expectations realistic: the tribunal balances evidence and fairness. If the tribunal issues an order and the losing party does not comply, there are enforcement options the tribunal or court can explain.

Moving out and deposit interactions

When moving out, a final inspection documents the unit condition and supports any future damage claims. See practical moving and inspection advice in The Final Inspection: What Tenants Need to Know Before Moving Out. If you need to find new housing during or after a dispute, consider alternative listings like Find rental homes across Canada on Houseme.

FAQ

How quickly should I document damage?

Document damage as soon as it happens with dated photos, videos and notes so evidence is fresh and reliable.

Can a landlord deduct repair costs from my deposit for damage caused by a roommate?

Yes, landlords can deduct legitimate repair costs from the security deposit when a tenancy ends if the damage exceeds normal wear and tear; keep records to contest improper deductions.

What official form starts a tribunal claim in New Brunswick?

The Application to the Residential Tenancies Tribunal starts the formal process; attach evidence and a clear summary of the remedy you seek.^[2]

How-To

1. Document the damage immediately with dated photos, videos and a short written log.
2. Talk to your roommate and ask for repayment in writing; keep copies of messages.
3. If that fails, speak with the landlord and provide evidence, asking how the deposit will be handled.
4. If unresolved, complete and file the Application to the Residential Tenancies Tribunal with supporting documents.^[2]
5. Attend any scheduled hearing, present your evidence calmly, and follow tribunal directions.
6. If the tribunal orders repayment, get a written order and follow enforcement steps if necessary.

Key Takeaways

• Document damage with dates, photos and receipts to strengthen your claim.
• Try informal resolution first, then use the tribunal if needed.
• Security deposits can cover repairs, but follow official rules and timelines.

Help and Support / Resources

• Residential Tenancies Act (New Brunswick)
• Residential Tenancies Tribunal - New Brunswick (forms & information)

1. [1] Residential Tenancies Act (New Brunswick)
2. [2] Residential Tenancies Tribunal - Forms and Procedures