Know your basic rights as a student tenant
Students renting in New Brunswick have the same basic protections as other tenants: the right to a livable unit, clear information about deposits and rent, and processes for resolving disputes. Whether you sign a joint lease with roommates or each person signs separate agreements, clarify responsibilities in writing. If a landlord or roommate gives a notice or asks you to leave, follow the timeline in the notice and get legal or tribunal help if you disagree. Some terms you should know: landlord, tenant, tenancy agreement, security deposit, and notice to terminate.
Sharing a lease vs. subletting
When students share housing, the legal picture depends on how the agreement is set up.
- If everyone signs the same lease, all tenants are usually jointly responsible for rent and damages; a missing roommate does not remove the obligation to pay.
- If one tenant sublets a room, check the lease and get the landlord's consent if required; subletting rules affect who can be held responsible for rent.
- Create a written roommate agreement that covers rent share, utilities, cleaning, and what happens if someone moves out or is evicted.
Security deposits, payment and receipts
Security deposits and who pays what are common issues in student housing. Ask your landlord for a written receipt when you pay a deposit or rent. If you share a unit, decide whether deposits are paid individually or as one pooled amount and record that in writing. For detailed deposit rules and practical steps to protect your money, see Understanding Rental Deposits: What Tenants Need to Know.
Repairs, health and safety
Students should know how to report repairs and what to expect for habitability: functioning heat, water, locks, and no major mold or pest problems. If the landlord does not arrange repairs, document the issue with photos and written requests. For a clear checklist on hazards and tenant steps, refer to Health and Safety Issues Every Tenant Should Know When Renting.
Notices, termination and eviction
Landlords must use the correct notice forms and follow timelines under provincial law. If you receive a notice to terminate your tenancy, read it carefully and note the deadline to respond or apply to the tribunal. You can file an application with the Residential Tenancies Tribunal to dispute unlawful termination or seek remedies for unresolved repairs.[2] If the issue involves unpaid rent, act quickly to avoid eviction and keep proof of any payments or arrangements.
How to prepare if a dispute escalates
- Gather evidence: lease, photos of damage, receipts, texts and emails with dates.
- Keep copies of all notices and any formal letters you send or receive.
- Contact student legal services or tenant advice lines early for plain-language help.
Official processes and forms
When you need to take formal action, use the province's official forms: the tenancy termination notice forms and the application form for the Residential Tenancies Tribunal. Use the correct form for your situation—for example, an application to dispute a notice for unpaid rent or to request an order for repairs. Follow the form instructions and include all supporting evidence when filing.[1][3]
Finding and moving into shared housing
Look for listings that clearly state whether utilities are included, whether the lease is joint or individual, and rules about guests and subletting. For a nationwide rental search tool that can help students compare listings and neighbourhoods, try Find rental homes across Canada on Houseme.
FAQ
- Can one roommate be evicted without the others if everyone signed the same lease?
- If the landlord wants to evict the whole tenancy, all signatories may be affected; if the landlord targets one person for breach, the tribunal will look at the lease and circumstances to decide. Individual outcomes vary.
- Who is responsible for repairs in shared housing?
- The landlord is responsible for major repairs and habitability; roommates share responsibility for damage they cause. Report issues to the landlord in writing and keep records.
- How can I get my security deposit back when I move out?
- Provide a forwarding address, document the unit condition with photos, and request a written statement of deductions if any. Dispute unfair deductions at the Residential Tenancies Tribunal if needed.
How-To
- Gather relevant documents: lease, rent receipts, photos of issues, and written correspondence with the landlord.
- Complete the correct tribunal application form and attach copies of your evidence.
- File the application with the Residential Tenancies Tribunal and follow any instructions about hearings or mediation dates.
- Attend the hearing or mediation on time, bring originals of your documents, and be prepared to explain the timeline of events.
Help and Support / Resources
- Residential Tenancies Tribunal, Government of New Brunswick
- Residential Tenancies Act (New Brunswick)
- Official tribunal and tenancy forms, Government of New Brunswick
