Roommate Rights and Shared Rentals in New Brunswick Explained

Living with roommates or in shared housing is common across New Brunswick, but many tenants are unsure where they stand when issues arise. This article explains your key rights and responsibilities, what to do if you run into problems, and where to turn for help—all with a focus on current New Brunswick law.

Understanding Roommate Arrangements in New Brunswick

Roommate situations in New Brunswick can vary widely. Some people are all named on the lease, while others join informally. The details of your arrangement impact your legal protections—especially when issues like unpaid rent, property damage, or moving out early come up.

Types of Rental Arrangements

• Co-tenants: Everyone signs the lease with the landlord and shares full responsibility for rent and damages.
• Subtenants: A main tenant rents out a room to someone else. The subtenant pays rent to the head tenant, not the landlord.
• Licensees: Living arrangements where someone rents a room but isn't considered a "tenant" under the law (less common, but can impact rights).

It's important to know which arrangement applies to ensure your rights and financial obligations are clear.

Leases, Deposits, and Agreements

In most cases, New Brunswick's Residential Tenancies Act applies to shared rentals and roommate situations¹. If you're signing a lease, read it carefully together, and make sure everyone named on the lease understands:

• Who is responsible for paying rent
• How much the security deposit is, and how it's handled
• How to give notice if anyone wants to move out

Even informal roommate agreements (written or not) are important—spell out things like bill sharing, chores, guests, and noise. Everyone should also understand the rules around Understanding Rental Deposits: What Tenants Need to Know.

Roommate Disputes and How to Resolve Them

Disagreements between roommates are common. Maybe someone's not paying rent, or you're clashing over cleanliness or overnight guests. While the Residential Tenancies Tribunal can resolve issues involving landlords and tenants, it generally does not mediate conflicts strictly between roommates.

Try these steps for roommate disputes:

• Talk openly and calmly—most issues can be solved without escalation.
• Refer back to your written agreement.
• If needed, seek mediation services or advice from tenant advocacy groups.

Moving Out, Changing Roommates, and Ending Agreements

Replacing a roommate or leaving early? Your next steps depend on your legal arrangement:

• If all roommates are on the lease, everyone usually needs to agree to end or change the agreement with the landlord.
• If you are subletting, you must follow rules about subletting and provide notice to both your head tenant and the landlord.

Always provide proper written notice as outlined in your lease and provincial law. For joint tenancies, all original signers often need to sign a written notice to the landlord. Landlords may require an Application to Terminate a Tenancy (Form 10) to end a rental early (see below for forms).

Key Official Forms

• Notice of Termination by Tenant (Form 10): Used to end a lease when all tenants wish to leave. Submit this to your landlord with the minimum notice required by law. Download Form 10 (PDF)
• Rental of Residential Premises Standard Form of Lease (Form 3): This standard form is required for most new leases. If adding a roommate formally, use or update this form. Download Standard Lease (Form 3)

For more about ending your rental early, see What to Do If You Need to Leave Your Rental Before the Lease Expires.

Health, Safety, and Shared Responsibility

All tenants are entitled to a safe and healthy living environment in New Brunswick. If a repair is needed or the home is unsafe, contact your landlord in writing right away. Sometimes issues with pests, mold, or maintenance arise in shared homes. Learn your rights in our guide Health and Safety Issues Every Tenant Should Know When Renting.

What Happens with Rent and Deposits?

If one roommate doesn't pay their part of the rent, and you are all co-tenants, the landlord may seek the full amount from any or all tenants. Likewise, damage deposits are often returned as a single cheque to all names on the lease. Make sure you agree in advance on how you'll split the deposit upon move-out.

Other Common Issues

• Rent increases
• Noisy or disruptive housemates
• Moving out before lease ends

See our resource Common Issues Tenants Face and How to Resolve Them for help with these topics.

For more about your rights and responsibilities as a tenant in New Brunswick, visit our full facts page: Tenant Rights and Landlord Rights in New Brunswick.

Ready to move or switch apartments? Browse apartments for rent in Canada to find your next home easily.

FAQ: New Brunswick Roommates and Shared Housing

1. Can landlords refuse to allow new roommates in New Brunswick? Landlords can set reasonable restrictions on adding new roommates. Always check your lease and get landlord approval before adding someone. Unauthorized tenants may risk eviction.
2. What if my roommate won't pay their share of the rent? If everyone is listed on the lease, the landlord can ask any co-tenant for the full rent. It's best to resolve disputes directly, but you may need legal advice if the issue continues.
3. I want to move out, but my roommate wants to stay. Do I need to give notice? Yes. If you are named on the lease, you remain legally responsible until proper notice is given and accepted by the landlord. Individual arrangements require clear communication and, if possible, agreement in writing.
4. How is the damage deposit handled with roommates? Usually, the deposit is returned as one lump sum to all original signers. Work out in advance how you'll divide it—otherwise, disputes can arise on move-out.

How To: Change or Remove a Roommate Legally

1. Check your lease agreement. Review the lease to verify rules about adding or removing tenants. Some require landlord approval.
2. Talk with all roommates and your landlord. Ensure everyone is on the same page before making changes. This helps avoid misunderstandings and legal issues.
3. Get landlord approval in writing. Submit a written request to the landlord for changes—such as substituting one roommate for another—using the standard lease (Form 3) if needed.
4. Submit necessary forms. If terminating your own tenancy, give written notice using the Notice of Termination by Tenant (Form 10) and follow legal notice periods.
5. Confirm all changes in writing. Make sure you receive written confirmation for any updates to the lease or tenancy arrangement.

Key Takeaways for Tenants Sharing Housing in New Brunswick

• Always have a written agreement—even between roommates—to prevent confusion.
• Your legal responsibilities depend on how your tenancy is set up (co-tenant, subtenant, etc.).
• Contact the Residential Tenancies Tribunal for landlord-tenant issues, not roommate disputes.

Being informed and communicating clearly are your best tools for successful shared living.

Need Help? Resources for Tenants

• New Brunswick Residential Tenancies Tribunal – Guidance, forms, and contact for tenancy disputes.
• Public Legal Education and Information Service of New Brunswick (PLEIS-NB) – Tenant rights info and support services.
• Tenant advocacy organizations and community legal clinics – For help with serious disputes or advice beyond landlord-tenant issues.

1. Residential Tenancies Act, New Brunswick. Full text of the law
2. Residential Tenancies Tribunal, Province of New Brunswick. Official website
3. Standard Lease, Notices, and Forms. Download forms