Roommates: Choose wisely

Living with a roommate has its perks: you can split costs, enjoy company, and feel safer. But different roommate setups give you different rights and responsibilities. There are three main types:

• Co-Tennants
• Tenants in Common
• Occupants

Co-Tenants

Share one lease and split rent. They're jointly responsible, so if one messes up, it affects all.

Disputes between co-tenants aren't covered by rental laws and may need legal action, like going to court. To make sure you are a co-tenant, be sure your name is on the lease.

What happens if….

A roommate doesn’t pay rent → Everyone is responsible to make sure rent is paid in full to avoid eviction. Rental laws don’t cover this kind of dispute between roommates but you can try to get the money from the non-paying roommate through the Civil Resolution Tribunal, Small Claims Court, or BC Supreme Court depending on the amount that’s owed.

A roommate causes damage → The landlord can evict all of you or go after any of you to pay for the repairs. You can then sort out who owes what between the roommates amongst yourselves or at the Civil Resolution Tribunal, Small Claims Court, or BC Supreme Court.

A roommate gives proper notice in writing to move out → The tenancy ends for everyone! You either have to move out or sign a new tenancy agreement with the landlord to stay.

A roommate does not give proper notice in writing to move out → The tenancy continues and remaining roommates are still responsible for paying the full rent on time. You might want to contact the landlord about ending the tenancy or adding a replacement roommate to the agreement.

I have a problem with my unit or landlord → Write to your landlord about the issue. If you cannot sort it out on your own you can file for dispute resolution through the Residential Tenancy Branch.

Tenants In Common

Have separate leases but share a space. They're responsible only for themselves. Disputes between them might involve the landlord.

What happens if…

A roommate doesn’t pay their rent → If one tenant in common does pay their rent, it doesn’t have a legal impact on the other tenants. You can’t be evicted because another tenant in common failed to pay their rent.

I have a problem with my roommate → You may have little to no say in choosing your roommates. If you have a problem you can’t sort out on your own, write to the landlord about your concerns. Your landlord should attempt to correct the situation. You have the right to apply for dispute resolution with the Residential Tenancy Branch if your landlord doesn’t fix an issue between tenants in common.

I have a problem with my unit or landlord → Write to your landlord about the issue. If you cannot sort it out on your own you can file for dispute resolution through the Residential Tenancy Branch.

Occupants/Roommates

Rent from a tenant, not the landlord. You're not protected by rental laws. Not ideal!

What happens if…

I have a problem with my roommate or landlord → These types of legal problems would have to be settled through Small Claims Court, the Civil Resolution Tribunal, or BC Supreme Court. You cannot use the dispute resolution process through the Residential Tenancy Branch. Since the Residential Tenancy Act doesn’t apply to this type of roommate situation, what matters is what the two of you agreed to.

My roommate wants to raise my rent or kick me out → The rental laws that cap rent increases do not apply to occupants.