If your roommate decides to leave your shared rental in New Brunswick before the lease ends, it can leave you confused and worried. Understanding what happens next—and what your rights and options are—can help you navigate the situation calmly. This guide explains what tenants need to know if a roommate breaks the lease early in New Brunswick, including legal requirements, rent responsibilities, and official resources that can support you.
Shared Leases vs. Individual Leases: What Difference Does It Make?
First, check whether you and your roommate signed a joint lease (where all tenants are equally responsible) or if you have individual rental agreements for separate rooms. In New Brunswick, joint leases are most common. This means if your roommate disappears, you could still be legally responsible for the entire rent.
- If you're both on the same lease, a roommate leaving doesn't cancel the agreement for the remaining tenant(s).
- With separate leases, only the leaseholder who leaves is affected—the rest continue their tenancy as usual.
What to Do When a Roommate Leaves Early
Here's what to consider if your roommate breaks the lease unexpectedly:
- Continue following your lease terms. You're still responsible for the full rent and any other agreed obligations.
- Contact the landlord. Let your landlord know about the situation immediately. Some landlords may allow you to find a new roommate or may want to amending the lease.
- Decide on replacing your roommate. If your landlord approves, you may be able to find a replacement tenant. Review your lease to see if it allows “subletting” or “assignment.”
Keep written records of your communications and any agreements made with your landlord or roommate.
Ending a Lease Early: Form and Legal Process
In New Brunswick, ending a tenancy before the lease expires usually requires proper notice and (sometimes) landlord approval. The main legislation is the Residential Tenancies Act[1]. If both tenants want to end the lease early, or if the departing roommate’s name is on the lease, you may need to use the official Notice of Termination (Form 8):
- Form Name: Notice of Termination (Form 8)
- When to Use: When a tenant intends to legally end their lease before the agreed term.
- Where to Find: Notice of Termination - Tenant (Form 8)
- Example: If your roommate has already left and their name is still on the lease, you can ask them to provide Form 8 to the landlord. If you want to end the lease entirely and move out, all named tenants should sign and submit the form.
If you remain and want to keep the unit, work with your landlord to update the lease and possibly add a new roommate. The landlord has the right to approve who lives in the unit.
Security Deposits and Outstanding Payments
Security deposits can be a common concern when a roommate leaves. In New Brunswick, the landlord usually holds the deposit for the whole lease, not for each person. If one roommate moves out, who gets their share of the deposit is something you and your roommate will need to resolve between you. The landlord is only required to return the deposit when the tenancy ends for all tenants.
If you have questions about deposits, see Understanding Rental Deposits: What Tenants Need to Know.
Who Handles Rental Disputes and Issues?
New Brunswick tenancy matters are managed by the Residential Tenancies Tribunal. If you and your landlord disagree about rent or lease terms, or if your ex-roommate’s actions create a legal problem, you can apply to the Tribunal for help. Applications and information are provided on their website. The Tribunal can decide on issues like who is liable for unpaid rent or how the deposit should be handled.
For a broad overview of rights, visit Tenant Rights and Landlord Rights in New Brunswick.
Moving Forward: Protecting Yourself as a Tenant
- Review your lease to understand your responsibilities.
- Keep detailed records of rent, communications, and roommate agreements.
- If facing financial hardship, talk openly to your landlord—late or partial payments without communication can lead to further issues.
- If you need to end the lease early because covering full rent is impossible, read What to Do If You Need to Leave Your Rental Before the Lease Expires.
If you’re planning to relocate, you can Search Canadian rentals with interactive map view.
FAQ: Dealing with a Roommate Leaving Early in New Brunswick
- Am I responsible for my roommate’s share of rent if they leave?
Yes, if you’re both named on the lease, the remaining tenant is usually responsible for the full rent until the lease ends or a new roommate/tenant is added. Talk to your landlord right away. - Can I get my deposit back if my roommate leaves?
No. The deposit is typically only returned when the entire tenancy ends. Work out repayment privately with your roommate if they want their share back early. - What tribunal or board handles tenancy disputes in New Brunswick?
The Residential Tenancies Tribunal of New Brunswick manages all official disputes between tenants and landlords. - Which form do I use to terminate my part of a lease?
If you want to officially end your tenancy, use the Notice of Termination - Tenant (Form 8) and provide it to your landlord. - I want to leave too. How much notice do I have to give?
If you’re on a month-to-month agreement, you must give at least 1 month’s written notice before your rent payment date. For fixed-term leases, check your lease terms or consult the Tribunal for exceptions.
Conclusion: Key Takeaways
- If a roommate leaves early, remaining tenants may be liable for the full rent until the end of the lease.
- Always notify your landlord and document the situation in writing.
- For official disputes or queries, the Residential Tenancies Tribunal is your main resource.
Remember: acting quickly and knowing your rights gives you the best chance of a smooth resolution.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal (New Brunswick) – Main Page
- New Brunswick Security Deposit Info
- Service New Brunswick – Tenant and Landlord Info
- Community Legal Education Association of New Brunswick: Tenant Resources
- Tenant Rights and Landlord Rights in New Brunswick
