When renting a place in New Brunswick, many people live with others—such as friends, family, or roommates. However, whether you're the one who signed the lease (leaseholder) or just living there (occupant), your rights and responsibilities can be very different. This article will help you clearly understand the differences and what they mean for your housing security.
The Difference Between Leaseholders and Occupants
In New Brunswick, a leaseholder (sometimes called a tenant) is someone who signs a formal agreement (lease or rental agreement) directly with the landlord. This legal document outlines key details like rent amount, length of stay, and rules of the rental. An occupant is anyone living in the rental who did not sign the lease—such as a friend, partner, or subletter.
- Leaseholder: Legally responsible for paying rent, looking after the property, and following the lease terms.
- Occupant: Not on the lease, so they have no legal relationship with the landlord, but may have an agreement with the leaseholder.
Understanding these roles is crucial in case of a conflict, rental issue, or when someone wants to move out or stay longer.
Rights and Responsibilities Under New Brunswick Law
The law that governs these situations in New Brunswick is the Residential Tenancies Act[1]. All leaseholders and landlords must follow this law. While occupants do not have the same rights as tenants, their treatment by leaseholders can still cause disputes.
- Leaseholders have the right to live in, use, and control who enters their rental unit, within the rules of the lease and law.
- Occupants must follow the same house rules but rely on leaseholders to protect their interests, since the landlord is not legally required to deal with them directly.
Only leaseholders can officially request repairs, dispute rent increases, or fight an eviction notice with the landlord or the Residential Tenancies Tribunal.
What Happens If Only Some Roommates Are on the Lease?
If you share a unit but only some people are named on the lease, those not named are considered occupants, not tenants. These occupants have no direct recourse under the Residential Tenancies Act if things go wrong. Leaseholders, however, can be held liable for damage or unpaid rent—even if it was caused by an occupant.
Adding or Removing Occupants: What Tenants Need to Know
Most leases in New Brunswick require you to notify the landlord if someone new moves in or out. Adding a new leaseholder (for example, if a roommate wants to be officially recognized by the landlord) generally requires written approval and a new lease or amendment. Occupants, on the other hand, can be asked to leave by the leaseholder at any time unless a different written agreement exists between them.
Forms and Processes for Tenants
Here are key forms and processes every New Brunswick tenant should know:
- Form 1: Application for a Lease (official source)
Used by prospective tenants to apply for a rental and become a leaseholder. If you want to add an occupant as a leaseholder, you should submit this (or ask the landlord if a written amendment is required). For example, if your roommate moves in and wants legal standing, submit Form 1 together. - Form 6: Application for Termination (official source)
Used if a leaseholder wants to end their lease officially. This form does not grant occupants a right to remain, so they may have to move out if the only leaseholder leaves.
Always check the official government forms list for updates and instructions.
How Leaseholder and Occupant Status Impacts Your Rights
Leaseholders can:
- Request repairs from the landlord
- Object to rent increases or file complaints with the Tribunal
- Receive official eviction notices
Occupants can't deal with the landlord directly, and may have to move out quickly if the leaseholder is evicted or ends their lease.
To learn more about rights and common rental disputes, read Tenant Rights and Landlord Rights in New Brunswick.
If you're confused about what to do after signing a rental agreement—like adding a roommate, setting up payments, or understanding ongoing duties—see What Tenants Need to Know After Signing the Rental Agreement.
Tips for Shared Housing Arrangements
- Get all roommate arrangements (payment splitting, cleaning, notice period) in writing—this can help prevent conflict if an occupant is asked to move out.
- Know who is on the lease and who is not. Leaseholders should be aware they are responsible for the entire rent and property condition, even if other occupants default.
- Encourage everyone to be named on the lease for maximum protection.
Whether you're a leaseholder or an occupant, you can Browse apartments for rent in Canada and find flexible housing options to suit your needs.
Frequently Asked Questions (FAQ)
- Can an occupant be evicted without notice in New Brunswick?
No, but since occupants have no direct relationship with the landlord by law, the leaseholder usually decides when an occupant must leave, unless there's a written agreement. - What if my roommate (the leaseholder) moves out—can I stay?
Usually not. If you're only an occupant and not on the lease, you have no right to remain. You would need to negotiate a new lease with the landlord directly. - Can an occupant become a leaseholder?
Yes, but only with landlord approval. Submit Form 1: Application for a Lease together or ask for a lease amendment. - Are occupants responsible for damage or missed rent?
Legally, only leaseholders are responsible to the landlord. Leaseholders may recover costs from occupants if agreed in writing. - How can I protect myself as an occupant?
Ask to be added as a leaseholder or have a signed agreement with the existing leaseholder outlining your rights and notice period.
Key Takeaways
- Leaseholders have legal rights and responsibilities under New Brunswick law—occupants do not.
- Only leaseholders can deal directly with landlords or the Residential Tenancies Tribunal.
- Occupants should request written agreements to safeguard their interests.
Understanding your status protects you from future surprises and conflicts in shared housing.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (New Brunswick)
- New Brunswick Residential Tenancies Act: Full Text
- New Brunswick Tenants' Association
- Tenant Rights and Landlord Rights in New Brunswick
