Living with roommates in New Brunswick often means signing a lease together and becoming jointly liable for rent, damage, and other lease obligations. As a tenant, it’s important to understand what joint tenancy and shared liability mean for your finances and credit, and what to do if a co-tenant stops paying or leaves. This guide explains your rights under New Brunswick tenancy rules, practical steps to reduce risk when sharing a rental, how to document agreements, and when to contact the Residential Tenancies Tribunal. It also covers how to use official forms, keep clear payment records, and what options exist for resolving disputes without going to a hearing. Clear communication and careful paperwork can protect your tenancy and wallet.
What joint tenancy means in New Brunswick
When multiple people sign the same rental agreement as tenants, most landlords treat everyone as jointly and severally liable. That means each named tenant can be held responsible for the full rent, any damage, and other lease obligations even if only one person caused the issue. If a roommate misses rent payments or damages the unit, a landlord may pursue the entire group for remedies, including filing an application with the Residential Tenancies Tribunal[1] or relying on the provincial Residential Tenancies Act[2].
Common shared-liability situations
- Rent left unpaid by one roommate can lead to the landlord seeking the full monthly amount from any joint tenant.
- Security deposit deductions for damage may be charged against all tenants named on the lease.
- A serious dispute or repeated breaches can result in eviction proceedings affecting all joint tenants.
- Co-tenants who share utilities or services can be liable for outstanding utility bills or collections tied to the rental account.
How to reduce your shared liability risk
Before signing, clearly discuss and document financial responsibilities with anyone you will rent with. A written roommate agreement that explains who pays what and the process if someone falls behind can help protect relationships and make it easier to show the tribunal or a court what you agreed to. Also consider asking the landlord if separate tenancy agreements are possible, or whether individual agreements can be used for parts of the unit.
Official forms you might use and when to use them
Most disputes start with official forms. Two common examples in New Brunswick are:
- Application to the Residential Tenancies Tribunal (application form): used when a tenant or landlord asks the tribunal to resolve a dispute such as unpaid rent, damage claims, or breach of lease. Example: if a co-tenant stopped paying and the landlord seeks rent from all tenants, any tenant can file an application to explain their side and seek an order for contribution.
- Notice to End a Tenancy (notice form): used when a landlord or tenant gives formal notice to end the tenancy for reasons allowed by the Act. Example: if a co-tenant’s behaviour breaches the lease seriously, a landlord may serve a notice to end the tenancy and follow up with the tribunal if required.
FAQ
- Am I responsible for a roommate's unpaid rent?
- Yes. If you are named on the same lease as a co-tenant, you are generally jointly and severally liable for unpaid rent. That means a landlord can seek the full unpaid amount from any named tenant, although you may have a separate claim against the non-paying roommate to recover what you paid.
- Can I remove a co-tenant from the lease?
- Removing a co-tenant usually requires the landlord's agreement or a tribunal order. If all parties agree, the landlord can sign a new lease or amend the existing one; otherwise, you can raise the issue with the Residential Tenancies Tribunal and follow their application process to request changes.
- What documentation helps if a dispute goes to the tribunal?
- Keep a written roommate agreement, dated rent receipts or bank transfers, photos of damage, copies of notices, and any written communication with the landlord or roommates. These records make it easier to prove what happened at a hearing.
How-To
- Check the lease for who is named as tenants and any clauses about payments and responsibilities.
- Create a written roommate agreement that splits rent, utilities, and damage responsibility and has signatures and dates.
- Keep clear payment records: bank transfers, receipts, and a shared ledger showing who paid what and when.
- If a co-tenant defaults, try mediation, then file an application with the Residential Tenancies Tribunal if needed to resolve rent or damage claims[1].
Key Takeaways
- Joint tenancy makes each named tenant responsible for the whole lease, so protect yourself with written agreements.
- Keep thorough records of payments, receipts, and communications to strengthen your position in disputes.
Help and Support / Resources
- Residential Tenancies Tribunal (Government of New Brunswick)
- Department of Justice, Government of New Brunswick
- Residential tenancies information and forms (Service New Brunswick)
