Roommate conflict can become especially difficult when your name is not on the lease and you are unsure whether you have a legal tenancy. In New Brunswick, the difference between a tenant, occupant, guest, and roommate may affect who can demand rent, change the locks, or ask the Residential Tenancies Tribunal for help. This guide explains practical steps for documenting your arrangement, communicating safely, protecting personal property, and understanding when provincial tenancy rules may apply. Whether you rent a room, share a home with the leaseholder, or pay money directly to a landlord, you can use these renter-focused strategies to clarify your position and find appropriate support.
Understand Your Housing Arrangement
A leasehold interest generally means a legal right to possess a rental unit under a lease or tenancy agreement. If you signed the agreement with the landlord, you may be a tenant. If you rent only from another tenant, you may instead be a subtenant, occupant, or licensee, depending on the facts. A person who stays temporarily without an agreement may be treated differently again.
Look at who signed the agreement, who receives rent, whether the landlord approved the arrangement, and whether you have exclusive use of a room or share the home with the primary tenant. The label used by the parties is not always decisive. Keep a copy of any written agreement and review Obligations of Landlords and Tenants: Rights, Responsibilities, and Best Practices for general information about rental duties.
Check Whether New Brunswick Tenancy Law Applies
New Brunswick's Residential Tenancies Act can apply to residential rental arrangements, but not every person living in a home has the same relationship with the landlord. The Residential Tenancies Act and the facts of your arrangement should be considered together. A roommate who has no direct agreement with the landlord may need to resolve some issues through the agreement with the leaseholder or another legal process rather than through the Residential Tenancies Tribunal.
The New Brunswick Residential Tenancies Tribunal handles many landlord-and-tenant disputes. Before filing, ask whether the tribunal can hear a dispute between you and a roommate, whether the landlord must be named, and what evidence is required.
- Save the lease, roommate agreement, rent receipts, electronic transfers, and messages about your right to live there.
- Record the amount of rent, utilities, deposits, and other payments, including who received each payment.
- Note whether you have keys, a private room, shared spaces, and any agreed privacy or entry arrangements.
- Keep dated photographs and written records of property damage, missing belongings, or changed locks.
Try a Written, Low-Conflict Resolution
When it is safe, send a calm written message that identifies the issue, the amount or conduct in dispute, and a proposed solution. Avoid threats, insults, or promises you cannot keep. A short roommate agreement can address rent due dates, utilities, guests, cleaning, shared supplies, quiet hours, notice to leave, and responsibility for damage.
Do not withhold rent or take another person's property as leverage without getting legal advice first. If the dispute concerns repairs, unsafe conditions, or a landlord's conduct, use the appropriate landlord-tenant complaint process rather than treating the problem as only a roommate disagreement. You can also review How to Handle Complaints in Your Rental: A Tenant's Guide for communication and documentation ideas.
Respond to Lockouts, Eviction Threats, and Retaliation
A roommate or leaseholder should not use intimidation, violence, or unlawful self-help to force you out. If someone changes the locks, threatens you, removes your belongings, or interferes with essential services, prioritize safety and preserve evidence. Call emergency services if there is an immediate danger. For non-emergency assistance, contact a community legal clinic or the official tribunal to learn whether your situation falls within its authority.
A text saying “you are evicted” may not be a legally effective notice, particularly when the sender is not your landlord. Do not ignore a formal notice, application, or hearing date. Read the document carefully and ask the issuing office how to respond. If you decide to leave, use How to Properly End Your Rental Agreement as a Tenant as a general moving-out reference, while recognizing that a roommate arrangement may require different steps.
- Move identification, medication, money, and essential documents to a safe location if you fear losing access to the home.
- Photograph the condition of your room and possessions before moving or responding to a lockout.
- Ask for any demand to leave, rent change, or proposed agreement in writing.
- Contact emergency services, victim services, or legal support if threats, violence, or harassment are involved.
Protect Deposits, Rent, and Personal Property
Keep proof of every payment and identify whether money was paid to the landlord, the leaseholder, or another roommate. A deposit paid to a leaseholder may be governed by the agreement between roommates, while a deposit paid directly to a landlord may raise different tenancy questions. Do not assume that a landlord's acceptance of money automatically confirms that you are a tenant.
If property is damaged, separate ordinary wear from damage caused by a particular person. Ask for an itemized explanation of any proposed deduction and keep receipts for repairs or replacement. Never enter a room or remove property without permission, even if you believe money is owed.
Get Help and Prepare for a Tribunal Matter
Use the New Brunswick Residential Tenancies Tribunal's information and forms to determine whether an application, response, or hearing process is available. The official Residential Tenancies forms page explains available documents and submission methods. For example, a tenant named in a tenancy dispute may use the applicable application or response form to describe unpaid money, a notice, repairs, or another remedy, attaching messages and payment records.
If you are not named in the lease, explain that fact clearly and ask the tribunal or a legal service whether it can decide your claim. A written roommate agreement, proof of payment, landlord communications, and a dated timeline can help the decision-maker understand the relationship. For a practical checklist about gathering evidence, see Common Issues Tenants Face and How to Resolve Them.
FAQ
- Can a roommate evict me in New Brunswick?
- A roommate is not necessarily your landlord and may not have authority to use a formal eviction process. Your rights depend on the agreement, the landlord's involvement, and the facts, so get advice before leaving or ignoring a written demand.
- Do I have tenant rights if my name is not on the lease?
- You may have rights based on a subtenancy, rental agreement, or other arrangement, but the absence of your name can affect which rules and remedies apply. Keep proof of payment and ask the Residential Tenancies Tribunal or a legal service to assess your situation.
- What should I do if my roommate changes the locks?
- Prioritize safety, document the lockout, request access in writing, and contact the appropriate authorities or legal support. If there is immediate danger, call emergency services.
- Can I recover a deposit from a roommate?
- Recovery may depend on who received the deposit, what the agreement says, and whether any deduction is justified. Request an itemized explanation and preserve payment records before pursuing a claim.
How-To
- Gather the lease, roommate agreement, payment records, messages, photographs, and a dated timeline.
- Check the New Brunswick Residential Tenancies Act and identify whether the dispute concerns a landlord, leaseholder, or roommate.
- Contact the Residential Tenancies Tribunal or a legal support service to confirm the correct process.
- Send a written proposal or submit the applicable form with clear facts and supporting documents.
- Attend any scheduled hearing and bring organized copies of your evidence.
Help and Support / Resources
- New Brunswick Residential Tenancies Tribunal for tribunal information and contact options.
- New Brunswick residential tenancy forms for official applications and responses.
- New Brunswick Legal Aid Services Commission for information about available legal assistance.
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