Securing a rental home in New Brunswick can be challenging if you are a first-time renter, have limited credit history, or inconsistent income. In these situations, landlords may ask you to provide a guarantor. This guide explains your legal rights and obligations when applying with a guarantor in New Brunswick, the official processes involved, and what forms you'll encounter.
What is a Guarantor?
A guarantor is someone (often a parent or close relative) who agrees to cover your rent and any other rental obligations if you are unable to do so yourself. The guarantor co-signs the rental agreement, making them legally responsible for payments or damages if you can't fulfill your part of the lease.
When is a Guarantor Needed?
Landlords in New Brunswick may request a guarantor if:
- You have a limited or poor credit history
- You are a student or recent graduate without full-time employment
- Your income does not meet the landlord's criteria
- You are new to Canada or lack local references
Providing a guarantor may make your rental application more attractive, but you should understand your rights before agreeing.
Legal Position: Are Guarantors Allowed in New Brunswick?
Yes. Under the Residential Tenancies Act (New Brunswick), landlords may require a guarantor. However, they cannot demand unreasonably high guarantees or discriminate unlawfully in their requirements.[1]
Both tenants and guarantors remain protected under this law, overseen by the Residential Tenancies Tribunal of New Brunswick.[2] Be sure to review your lease and any accompanying guarantor agreements before signing.
How Does the Process Work?
If a landlord requests a guarantor, expect the following steps:
- The landlord will provide a rental application form for both the tenant and guarantor to complete.
- The guarantor may need to provide proof of identity, creditworthiness, and income.
- A separate Guarantor Agreement (sometimes called "Guarantee of Lease") may be signed.
The agreement typically outlines the extent of the guarantor's liability (e.g., rent, damages, or both), and may remain valid for the entire tenancy or a defined period.
Common Forms Involved
- Rental Application: Initiates the screening process for both tenant and guarantor. Download the Residential Tenancy Application (Form 11) from Service New Brunswick.[3] Use this when applying for a new rental, particularly if required to provide a guarantor.
- Guarantor/Guarantee Agreement: A legal contract where the guarantor agrees to be responsible for the lease. This form is typically provided by the landlord or their property manager in New Brunswick.
Always ask for copies of all agreements related to your tenancy, and never sign anything you do not fully understand. If you’re unsure, reach out to the Residential Tenancies Tribunal for clarification.
Guarantor Rights and Risks
Your guarantor is not automatically responsible for everything related to your tenancy. Their liability will depend on the specific wording in your agreement. In most cases, a guarantor typically covers unpaid rent, fees, or damages up to the end of the lease.
- Guarantors can be taken to court if a tenant defaults and the landlord is owed money.
- If the lease is renewed or changed, a new guarantee may be required — always check the paperwork carefully.
For an understanding of everyone’s roles and duties after the rental agreement starts, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Rental Deposits and Guarantors
In New Brunswick, security deposits are regulated by law. While a guarantor provides added financial security, landlords cannot double security by demanding excessive deposits. Learn your rights about deposits in Understanding Rental Deposits: What Tenants Need to Know.
After You Move In: What Changes?
After your lease is signed with a guarantor, the normal tenant and landlord rules apply. Your guarantor remains financially responsible (to the extent agreed), until the lease expires or the agreement is formally ended.
- If your circumstances improve (better income, good payment history), you can ask your landlord to release the guarantor—though they are not obligated to agree.
- If your lease renews, check if a new guarantee is being requested.
Get more guidance in What Tenants Need to Know After Signing the Rental Agreement.
Summary: Best Practices
- Always review guarantor agreements thoroughly and seek advice before signing.
- Understand that your guarantor is making a significant legal commitment.
- If problems arise, communicate early with your landlord and seek help from the Residential Tenancies Tribunal.
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For an overview of local rules and more, see Tenant Rights and Landlord Rights in New Brunswick.
Frequently Asked Questions about Guarantors in New Brunswick
- Can a landlord refuse to rent to me if I don’t have a guarantor?
Yes, landlords are allowed to require a guarantor for applicants who don’t meet their screening criteria. However, requirements must not be discriminatory or unreasonable. - Does a guarantor have to be a New Brunswick resident?
No, but landlords may prefer local guarantors for practical reasons. There is no legal requirement for a guarantor to live in New Brunswick. - How long does a guarantor remain liable on my lease?
A guarantor is responsible until the end of the lease or until the landlord formally releases them from the agreement. If the agreement is renewed or extended, a new guarantee may be required. - Can I remove a guarantor partway through my lease?
Only with the landlord’s consent and, typically, a new agreement showing you meet the landlord’s criteria without a guarantor. - What if my guarantor wants to withdraw their support?
A guarantor cannot unilaterally withdraw unless the landlord agrees to update the agreement. Both parties should communicate openly with the landlord if changes are needed.
Conclusion: Key Takeaways for Tenants
- Guarantors are legal and common in New Brunswick, but both tenant and guarantor must fully understand their obligations.
- Carefully review all documents, ask questions, and keep copies of anything you sign.
- Turn to the Residential Tenancies Tribunal if you have any concerns or disputes.
In summary, being prepared and informed ensures a smoother rental experience when applying with a guarantor.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (New Brunswick): Official dispute resolution, forms, and tenant/landlord information.
- Service New Brunswick’s Residential Tenancies: 1-888-762-8600
- New Brunswick Legal Aid Services Commission: Legal assistance for qualifying tenants
Review your rights and obligations fully at the Tenant Rights and Landlord Rights in New Brunswick page.
