Finding the perfect shared rental in New Brunswick can be exciting—but living with roommates brings unique responsibilities and legal considerations. Whether you're joining an existing household or organizing your own shared lease, understanding your rights, obligations, and what steps to take can protect you and set everyone up for a smooth, respectful living experience.
Understanding Tenancy and Roommate Relationships in New Brunswick
In New Brunswick, tenants in shared housing can appear on a lease together (joint tenancy), or only one tenant may be legally responsible (main tenant/subtenants). Getting clarity about the arrangement is crucial:
- Joint tenants: All sign the lease, share equal legal responsibility for rent and damages.
- Main tenant/subtenant: Only the main tenant signs the lease with the landlord; subtenants have rights through their agreement with the main tenant.
If you’re unsure which applies to you, refer to your written rental agreement or ask your landlord.
Roommates & Shared Housing Checklist: What Should Tenants Do?
Use this checklist to protect your interests and reduce stress:
- Discuss expectations before moving in: Agree on cleaning, division of chores, quiet hours, guests, splitting bills, and shared spaces.
- Confirm lease or sublet agreement: Make sure you have a written and signed agreement stating your responsibilities and rights. If subletting, be sure the landlord has approved the arrangement.
- Understand your share of the deposit: Clarify how the security deposit works. In joint tenancies, the deposit is often paid as a lump sum; know how you'll get your share back when moving out. Learn more in Understanding Rental Deposits: What Tenants Need to Know.
- Do a move-in inspection: Walk through the property and note any damage. Take photos together with your roommates and notify the landlord in writing.
- Know the rules on rent payments: Decide who pays the landlord, when bills are due, and set reminders for rent deadlines. See Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips for more on paying rent.
- Keep records: Save copies of the lease, receipts, and any roommate agreements.
- Deal with issues early: If problems come up, address them directly and communicate in writing if necessary.
Each step above can prevent confusion and disputes down the road.
Provincial Legislation and Tribunal for Shared Rentals
Residential tenancies in New Brunswick are governed by the Residential Tenancies Act (New Brunswick)[1]. The Residential Tenancies Tribunal administers disputes, rent issues, and enforces the Act.
Official Forms for Tenants
- Form 1: Application for Investigation
Use when you have a problem—such as deposit return issues, repairs, or disputes over shared housing—and you need the Tribunal to intervene.
Download from the New Brunswick Residential Tenancies forms page. - Form 3: Application to Determine Right to Possession
Use this if there is confusion about who is legally allowed to stay in the rental unit (e.g., after a roommate moves out or there are unauthorized occupants).
See the official form and instructions here.
File forms online or by mail and follow the Tribunal's instructions regarding supporting evidence and timelines.
Key Issues in Roommate Living – Avoiding Common Problems
- Health and safety: Make sure your shared home meets fire codes and is free from hazards. Don’t ignore issues like pests or mould. See Health and Safety Issues Every Tenant Should Know When Renting for common concerns.
- Shared bills: Clearly agree on how utilities, internet, and other shared costs are split and paid.
- Guests and noise: Respect each other’s need for privacy and rest, and discuss overnight guests up front.
- Roommate departure: If a roommate is moving out, clarify how rent, bills, and deposits will be handled. Update the lease or inform the landlord if needed.
Clear, written agreements and open communication are your best protection.
What Happens if Problems Can’t Be Solved?
If you and your roommates can’t agree—or if someone isn’t following your agreement—the Tribunal may be able to help. Issues that escalate (such as unpaid rent or damage) can impact everyone named on the lease.
To learn more about your rights in the province, visit the Tenant Rights and Landlord Rights in New Brunswick page.
For more options and to browse apartments for rent in Canada, check out Browse apartments for rent in Canada for listings that fit your shared housing needs.
Frequently Asked Questions
- Do all roommates in New Brunswick need to be on the lease?
Not always. In joint tenancies, all are named on the lease. In other cases, only a principal tenant signs; the others may be considered subtenants or occupants without direct protections under the Act. - Who gets the damage deposit back when a roommate leaves?
The landlord typically returns the deposit to the tenant(s) named on the lease, not to individual roommates. Decide in advance how your deposit will be divided if someone moves out early. - Can I be made to pay my roommate’s share of the rent?
In a joint tenancy, yes—all tenants are equally responsible to the landlord for the full rent, even if one does not pay their share. Communication and agreements with your roommates are crucial. - Are there rules around guests or overnight stays in shared rentals?
No specific law, but guests must not disturb others or violate the lease. It’s best to set clear house rules with all roommates. - What can I do if my roommate refuses to leave after giving notice?
If the roommate’s name is on the lease, you may need to use official forms like Form 3 and contact the Tribunal for resolution.
How To: Manage Common Roommate Issues in a Shared Rental
- How do I create a simple roommate agreement?
Write down the rules you all agree on—chores, bills, guests—and have everyone sign it. Share digital and paper copies. This document is separate from your lease but can help resolve disputes. - How do I file a complaint with the Residential Tenancies Tribunal?
Complete Form 1: Application for Investigation and submit it online or by mail to the Tribunal, attaching any evidence (photos, communications). The Tribunal will contact all parties to investigate. - How can I get my share of the deposit back?
Negotiate with your roommates and document who paid what. The landlord returns the deposit to those on the lease, so ensure you have your arrangement in writing. - How do I update the lease if a roommate leaves or a new one joins?
Inform the landlord in writing. The landlord may require everyone to sign a new lease or add an addendum. Get all changes documented.
Key Takeaways for Roommates in New Brunswick
- Understand your legal status: joint tenant or subtenant
- Use written agreements and clarify rules up front
- Know your rights under the Residential Tenancies Act
- When in doubt, contact the Residential Tenancies Tribunal
Need Help? Resources for Tenants
- New Brunswick Residential Tenancies Tribunal: Info, official forms, and guidance
- Residential Tenancies Act (New Brunswick)
- Local tenant advocacy: Try Tenant Guides – Greater Moncton
- General info for shared living: Tenant Services NB
