Living with roommates or in shared housing situations is common for many tenants in New Brunswick. While sharing costs and space can be rewarding, it often brings unique legal and practical challenges. This guide walks you through your rights and responsibilities as a tenant and offers practical steps to handle common roommate issues—all based on New Brunswick laws.
Your Legal Rights in Shared Housing
Tenancies with roommates in New Brunswick are generally covered under the Residential Tenancies Act (New Brunswick)[1]. The specific rights and obligations may depend on how the rental agreement is structured (for example, whether you all signed the same lease or have separate agreements).
- Joint Tenancy: All roommates’ names on one lease—everyone shares legal responsibility for rent, damages, and following house rules.
- Individual Tenancy: Each roommate has a separate agreement with the landlord—responsibilities are more clear-cut, and actions by one tenant don’t usually affect the others.
For more details, visit Tenant Rights and Landlord Rights in New Brunswick.
Key Responsibilities in Shared Rentals
- Paying your portion of the rent on time (joint or individual as per lease).
- Maintaining cleanliness and safety in common areas.
- Following all lease terms—even those agreed upon between roommates.
- Not damaging property or disturbing other tenants or neighbours.
Landlord and tenant duties—including in shared settings—are outlined in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Security Deposits and Shared Housing
Security deposit rules apply whether you have one or several tenants. Typically, the landlord may request a security deposit (up to one month’s rent). If you move out and your name is on the lease, you’re entitled to your share back if there are no damages or unpaid rent. Roommates should clearly document any agreements about dividing the deposit.
Learn more from Understanding Rental Deposits: What Tenants Need to Know.
Resolving Common Roommate Problems
Shared living often means handling disagreements over cleaning, noise, guests, or bill payments. Here’s how to address these issues:
- Communicate regularly and set clear expectations early.
- Put roommate agreements in writing—covering chores, guests, and payment splits.
- Keep records of rent and bill payments.
- If issues can’t be resolved, consider mediation through a local tenant support service or talk to the landlord if it affects your tenancy.
Health and Safety in Shared Rentals
Every tenant is entitled to a safe, habitable home—even in shared housing. Landlords must ensure that the property meets health and safety standards. If repairs or pest problems arise, contact your landlord in writing.
To maintain a safe environment, review Health and Safety Issues Every Tenant Should Know When Renting.
Ending a Roommate Arrangement or Moving Out
Ending shared living can be complex, especially with a joint lease. Here are key points:
- If you leave before the lease ends, you may still be responsible for rent until a replacement tenant is found.
- Notify your landlord and roommates in writing as early as possible.
- Complete a move-out inspection if required.
- Return your keys and provide a forwarding address for your deposit.
If you must break your lease, review What to Do If You Need to Leave Your Rental Before the Lease Expires.
Required Forms and Where to Find Them
- Notice of Termination (Form 2): Used if you intend to end your tenancy. Submit to your landlord according to the lease and legal timelines. Download Form 2 [PDF]
- Notice to Terminate the Tenancy During a Fixed Term (Form 14): For early lease termination. Only allowed in specific situations (for example, if all roommates agree and the landlord consents). Download Form 14 [PDF]
Both forms are available from the Residential Tenancies Tribunal of New Brunswick website.
What If Things Go Wrong?
If you experience issues with your landlord about repairs, deposits, or your legal rights, you can apply to the Residential Tenancies Tribunal of New Brunswick. However, disputes between roommates (not involving the landlord) are generally not within the Tribunal’s jurisdiction.
For more guidance and to compare rules across provinces, see Tenant Rights and Landlord Rights in New Brunswick.
Finding the Right Rental for Shared Housing
Whether you’re starting a new search or considering a move, Find rental homes across Canada on Houseme with easy filters for shared housing and roommates in New Brunswick and beyond.
- What happens if my roommate stops paying their portion of the rent? In a joint tenancy, the landlord can hold any or all tenants responsible for unpaid rent. Try to resolve the issue with your roommate directly. If they still refuse to pay, you may need to pay the full rent to avoid eviction, then pursue your roommate through small claims court.
- Can I remove a roommate from our rental? Generally, only a landlord can terminate a tenant’s legal right to occupy the unit—tenants usually cannot evict each other. If there’s a serious issue, contact your landlord or seek mediation.
- Do all roommates have to sign the same lease in New Brunswick? Not necessarily. Sometimes, each tenant has their own individual agreement (individual tenancy), or everyone signs one joint lease (joint tenancy). Your rights may differ depending on the arrangement.
- What if I want to add a new roommate during my lease? You must usually get written consent from the landlord before adding someone new to the rental agreement. Unauthorized subletting or guests can breach your lease.
- Who is responsible for damages in common areas? In most situations, all tenants are collectively responsible for damages to shared spaces unless the agreement specifies otherwise.
- How do I end my part of a joint lease? Notify your landlord in writing (using Form 2 if applicable), discuss with your roommates, and arrange for a new tenant if required. You remain liable for rent until officially released.
- How can I protect myself before moving in with roommates? Review the lease agreement carefully, create a written roommate agreement covering bills, chores, and guests, and keep detailed records.
- How do I report unsafe living conditions? Document the issue, inform your landlord in writing, and if necessary, file an application to the Residential Tenancies Tribunal of New Brunswick.
Key Takeaways
- Roommate arrangements in New Brunswick are governed by your lease and the Residential Tenancies Act.
- Communicate and document all shared housing expectations in writing to minimize disputes.
- For rental disputes involving landlords, contact the Residential Tenancies Tribunal or use the appropriate notice forms.
Need Help? Resources for Tenants
- Residential Tenancies Tribunal of New Brunswick – Filing forms, guidance on tenant rights, dispute resolution.
- New Brunswick Human Rights Commission – If you face discrimination.
- Local tenant advocacy groups and legal clinics may offer free advice or help with mediation.
