Living with roommates can be a practical way for tenants in New Brunswick to reduce rental costs and share household duties. However, it's important to understand that roommate relationships are not automatically governed by New Brunswick’s residential tenancy laws unless each roommate has a direct agreement with the landlord. This article explains your rights and responsibilities as a roommate in New Brunswick, common issues, and practical steps to protect yourself.
Understanding Roommate Arrangements in New Brunswick
In New Brunswick, roommate arrangements commonly fall into two categories:
- Co-Tenants: Everyone’s name appears on the lease and each is legally responsible to the landlord.
- Occupants (Roommates): Only one tenant is on the lease, and others pay rent to that tenant (sometimes called a head tenant).
This difference affects your rights, the forms you use, and how you deal with deposits, eviction, and disputes.
This difference affects your rights, the forms you use, and how you deal with deposits, eviction, and disputes.
Your Rights as a Roommate
- Roommates who are co-tenants share equal legal rights under New Brunswick’s Residential Tenancies Act[1].
- Roommates not named on the lease (occupants) often have fewer legal protections and are not covered by the Act in disputes with other roommates.
- All tenants (including roommates) have a right to a safe, healthy environment — learn more in Health and Safety Issues Every Tenant Should Know When Renting.
For a full overview of tenant rights in the province, see Tenant Rights and Landlord Rights in New Brunswick.
Key Responsibilities of Roommates
- Each roommate is responsible for paying their portion of rent on time. If you're a co-tenant, the landlord can pursue any tenant for unpaid rent.
- All roommates must help keep the unit clean and undamaged.
- No roommate can alter or sublet the rental without proper agreement and landlord permission.
- Respect other roommates' property and privacy.
Roommate Agreements: Why They Matter
A written roommate agreement is recommended. While not legally binding under the Residential Tenancies Act, it helps prevent misunderstandings about responsibilities such as:
- How rent and bills are divided
- Cleaning schedules
- Rules for guests and quiet hours
- What happens if a roommate moves out early
Deposits and Rent Payments
In New Brunswick, security deposits and rent must be handled according to the Residential Tenancies Act. Generally, only tenants named on the lease are entitled to a receipt for deposits or rental payments from the landlord. Issues with improper handling of deposits between roommates are considered private matters, not enforceable by the tribunal. See Understanding Rental Deposits: What Tenants Need to Know for details.
Ending a Roommate Arrangement or Lease
Ending a roommate relationship can be complex. If you're a co-tenant, all tenants generally have to agree to end the lease with the landlord. If one roommate leaves early, the remaining tenants must still pay the full rent. To formally end a tenancy, use the right government forms and follow the correct notice period:
- Notice to Terminate – Form 1: Used to give proper notice to your landlord (and sometimes roommates) when ending a tenancy. For example, if all co-tenants wish to move out, each can submit this form.[2]
Those not on the lease should provide written notice to the head tenant and settle any unpaid rent or shared expenses.
Dealing with Roommate Disputes
Roommate conflicts — such as noise, cleanliness, or guest issues — are not handled by the Residential Tenancies Tribunal unless they involve a breach of the lease or damage to the property. It's up to the roommates to resolve issues through communication, mediation, or, in rare cases, a Small Claims Court application. See How to Handle Complaints in Your Rental: A Tenant’s Guide for strategies on addressing household issues.
What the Residential Tenancies Tribunal Covers
The Residential Tenancies Tribunal of New Brunswick handles landlord-tenant issues, not roommate disagreements. Complaints about repairs, deposit returns, evictions, and landlord conduct can be brought to the tribunal; interpersonal disputes between roommates cannot.
Summary: Navigating Roommate Life in New Brunswick
Roommate arrangements can be complicated. Co-tenants share legal responsibility for the lease, while other roommates (occupants) have fewer protections. Having a clear roommate agreement and understanding official forms and processes can prevent or quickly resolve many issues.
If you’re searching for a new place with friends or roommates, Explore Houseme for nationwide rental listings with helpful map-based search tools across Canada.
FAQ: Roommates in New Brunswick Rentals
- Is my roommate responsible for damages to the unit?
All co-tenants are fully responsible to the landlord for any damages. If only one roommate causes damage, all co-tenants can be held liable, but you may seek reimbursement privately. - Can the landlord evict just one roommate?
For co-tenancies, landlords usually must end the tenancy for all co-tenants — not just one. Non-lease roommates (occupants) can be asked to leave by the head tenant, not the landlord. - Do I have to get permission before bringing in a new roommate?
Yes, if you're on the lease, you must seek landlord approval before adding additional occupants to the unit. - What happens if a roommate moves out early?
Co-tenants are still responsible for the full rent. Discuss early in your roommate agreement how to handle this situation. - Are roommate agreements legally binding in New Brunswick?
Roommate agreements are not enforceable under the Residential Tenancies Act, but may be used in civil court for issues like unpaid rent between roommates.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick: Main source for official forms, processes, and complaints against landlords.
- Residential Tenancies Act (New Brunswick): The governing law for rental housing.
- Public Legal Education and Information Service of New Brunswick (PLEIS-NB): Tenant information and guides
- For a full summary of local rights, see Tenant Rights and Landlord Rights in New Brunswick.
- New Brunswick Residential Tenancies Act, available at: Full Text of the Residential Tenancies Act
- Residential Tenancies Tribunal, Official Forms: Notice to Terminate – Form 1
