When a Co-Tenant Refuses to Leave in New Brunswick

Living with a co-tenant who refuses to leave can be stressful and confusing. If you're renting in New Brunswick and a roommate or co-tenant won't move out, you have options as a tenant to protect your rights and the safety of your home. Start by documenting communication, written notices and any impacts on habitability. Try a calm, documented conversation and then follow formal steps if needed: serve proper notices, gather evidence and, if the co-tenant still stays, file an application with the provincial Residential Tenancies Tribunal to seek an order. This article explains practical steps, the official forms you may need, timelines, and where to get help so you can act confidently and legally.

What to do first

Begin with clear, low-conflict steps to protect your position as a tenant. Early action and good records make later legal steps far easier.

• Document dates, texts, emails, photos and any damage or habitability problems.
• Try a calm, written request asking the co-tenant to agree to a move-out date.
• Check your lease to confirm who is named on the tenancy and whether the co-tenant has legal tenancy rights.
• Talk to your landlord or property manager about the situation and ask what their process is.

Notices, forms and timing

If informal steps fail you may need to use formal notices and, ultimately, apply to the Residential Tenancies Tribunal^[1] under the province's tenancy rules.^[2] Typical formal steps include serving a written notice asking the co-tenant to vacate and, if they do not leave, filing an application with the Tribunal to request an order for possession. Always check required timelines and the correct form to file so you don't lose important rights.

• Serve a written notice that explains why you are asking the co-tenant to leave and the deadline for vacating.
• Observe any timeline set by your lease or provincial rules before filing a Tribunal application.
• Collect supporting evidence: messages, photos, logs of disturbances and witness names.
• File an application with the Residential Tenancies Tribunal if the co-tenant remains after proper notice.

Preparing for a hearing

When you file with the Tribunal you will be given a hearing date. Prepare a concise bundle of documents and a timeline to present your case clearly.

• Prepare a written timeline and label photos or messages so the hearing panel can follow events easily.
• Bring any written notices, lease pages and copies of communications with the co-tenant or landlord.
• Attend the hearing prepared to explain what outcome you want (for example, an order for the co-tenant to vacate).

If the Tribunal grants an order

If you receive an order for possession, the Tribunal decision will state how and when the order takes effect. Follow the order's instructions precisely; enforcement options may include involving local enforcement agencies if the co-tenant refuses to comply.

Finding alternative housing and next steps

If you need to move or want a fresh start after the dispute is resolved, consider your options and get help early. For nationwide listings you can also Find rental homes across Canada on Houseme to compare listings and plan your move.

For guidance on formally ending a tenancy and notice requirements see How to Properly End Your Rental Agreement as a Tenant and for local rights refer to Tenant Rights and Landlord Rights in New Brunswick.

Key Takeaways

• Document everything and stay calm when communicating with a co-tenant.
• Use formal notices and Tribunal applications only after following informal steps.
• Attend Tribunal hearings prepared with a clear timeline and copies of evidence.

FAQ

Can I change the locks if a co-tenant refuses to leave?

Generally no. Changing locks or forcing someone out can be viewed as illegal eviction. Follow formal notice and Tribunal processes instead to avoid losing legal protections.

How long does a Tribunal application usually take?

Timelines vary, but you should expect initial processing and a hearing date within weeks to a few months depending on caseload; always check current wait times with the Tribunal^[1].

Will a landlord be able to evict the co-tenant for me?

Landlords have obligations too; they may need to follow the same notice and Tribunal procedures to remove a co-tenant who has tenancy rights under the lease.

How-To

1. Document the problem: collect messages, photos and a dated timeline.
2. Try a written request to the co-tenant and inform your landlord in writing.
3. Serve a formal notice if the informal request fails and observe required deadlines.
4. File an application with the Residential Tenancies Tribunal and submit your evidence.
5. Attend the hearing and follow any order or enforcement steps advised by the Tribunal.

Help and Support / Resources

• Residential Tenancies Tribunal - Service New Brunswick
• Government of New Brunswick - Renting and tenants
• Residential Tenancies Act (New Brunswick)

---

1. [1] Residential Tenancies Tribunal - Service New Brunswick
2. [2] Residential Tenancies Act (New Brunswick)