Understanding co-tenant liability in Newfoundland and Labrador
When two or more people sign the same rental agreement, they are usually jointly and severally liable for obligations such as unpaid rent and repairs. That means a landlord can pursue any one co-tenant for the full amount owing, even if another co-tenant caused the problem. Co-tenant liability depends on the lease wording and the facts of the case; tenancy laws and tribunal decisions set the formal framework.[1]
Typical obligations that create shared liability
- Paying rent and covering unpaid balances.
- Repairing or paying for damage caused during the tenancy.
- Respecting entry and keys provisions in the lease.
- Complying with notice, filing, and other formal lease requirements.
How security deposit division works in NL
Security deposits are held to cover unpaid rent or damage beyond normal wear and tear. If multiple tenants paid a single deposit, the landlord may apply all or part of it against amounts owed at the end of tenancy. Tenants should keep copies of who paid what and request an itemized accounting from the landlord when the tenancy ends. For a deeper overview of what counts as a deposit and how interest or deductions may work, see Understanding Rental Deposits: What Tenants Need to Know.
Required official forms and when to use them
The provincial residential tenancies process uses specific forms to start complaints and requests. Common documents include:
- Application for Order (tenancy dispute application). Use this to ask the residential tenancies office to order a refund or resolve a deposit dispute — for example, when a landlord keeps the deposit and you disagree with the deductions.[1]
- Notice to End Tenancy (termination notice). Use this when a co-tenant is leaving or the landlord gives notice; include dates and reason in the form so the tribunal can assess timelines.
- Security Deposit Accounting Request (or written request). Send a dated written request to the landlord asking for an itemized list of deductions and the remaining balance; keep a copy for evidence.
If you refer to legislation or want official forms online, consult the provincial resources and the text of the Residential Tenancies Act for Newfoundland and Labrador to confirm current form names and submission steps.[2]
Common scenarios and practical steps
Below are frequent situations and what tenants can do to protect themselves.
- If a co-tenant moves out early, get a written agreement about who pays the remaining rent and who keeps the deposit.
- If the landlord applies the deposit to rent or damages, ask for a written, itemized accounting within the timelines set by provincial rules.
- Gather evidence: receipts, photos, move-in inspection reports and text messages that show payments and the unit condition.
- Try to resolve the issue directly with your landlord in writing before filing an application with the tribunal; record dates and the content of conversations.
FAQ
- Can a landlord take the full security deposit from one co-tenant?
- Yes. If the tenancy agreement lists co-tenants together, the landlord can apply the deposit against amounts owed and may pursue any one co-tenant for the entire debt; you can then seek contribution from other co-tenants.
- What evidence helps when disputing deposit deductions?
- Photos from move-in and move-out, receipts for repairs, a signed initial inspection report, proof of rent payments, and written communication with the landlord all strengthen a claim.
- How do I start a formal dispute about a deposit in Newfoundland and Labrador?
- Begin by requesting an itemized accounting from the landlord, then file the provincial tenancy application form (Application for Order) with the residential tenancies office if you cannot resolve it informally.[1]
How-To
- Collect documentation: photos, receipts, inspection reports and proof of who paid the deposit.
- Send a written request to the landlord asking for an itemized accounting of the deposit and a timeline for repayment.
- If the landlord does not respond or you disagree, complete and submit the Application for Order to the residential tenancies office with your evidence.[1]
- Attend any scheduled hearing, present your organized evidence, and be prepared to explain the facts clearly and calmly.
- If the tribunal orders repayment, follow the decision instructions and keep records of any payments received.
Help and Support / Resources
- Government of Newfoundland and Labrador - Residential tenancy information
- Newfoundland and Labrador legislation and the Residential Tenancies Act
- Service NL - Forms and filing information for tenancy disputes
