Roommate Breaks Lease in Alberta: Tenant Rights & Next Steps
If you’re renting with a roommate in Alberta and they break the lease or suddenly move out, it can raise concerns about rent payments, security deposits, and your own legal responsibilities. Knowing what steps to take—and understanding your rights under Alberta’s rental laws—can help you navigate this challenging situation.
Understanding Shared Rental Agreements in Alberta
Roommates in Alberta usually share a rental property under one of two arrangements:
- All roommates sign the lease: Each person is a "co-tenant" and is legally accountable to the landlord for the entire rent and property’s condition.
- Only one roommate signs the lease: Unlisted roommates are often considered "occupants" and have fewer legal protections.
In both cases, Alberta’s residential tenancy laws apply, but your obligations may differ based on the agreement. For more details on landlord and tenant duties, visit Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What Happens When a Roommate Leaves Early?
Your next steps depend on whether your name is on the lease:
- If your name is on the lease: You remain legally responsible for all lease obligations—including full rent—even if your roommate leaves unexpectedly.
- If you’re not on the lease: The landlord can ask you to leave or require you to sign a new lease. Your rights may be limited.
If the roommate who broke the lease caused damages or unpaid rent, remaining tenants can be held liable as well. This may also affect the security deposit if deductions are needed for unpaid rent or cleaning upon move-out. Learn more at Understanding Rental Deposits: What Tenants Need to Know.
Paying Rent: Are You Still Responsible?
Alberta law considers all co-tenants "jointly and severally liable," which means the landlord can require remaining tenants to pay 100% of the rent—even if a roommate leaves and stops paying their share. Failure to pay rent in full can result in a 14-day eviction notice to all tenants sharing the lease.
If your roommate leaves, try to replace them quickly or negotiate with the landlord. Never withhold rent, as this could jeopardize your own tenancy.
How to Properly End or Change a Lease in Alberta
To end or modify a lease early, all parties must follow the process set out in Alberta’s Residential Tenancies Act. This may involve:
- Obtaining written agreement from all roommates and the landlord to remove a tenant from the lease.
- Completing a new lease for remaining or replacement tenants.
- Providing proper written notice if ending the whole tenancy.
For tenants needing to leave before the lease ends, Alberta does not have a specific government form, but written notice is required in periodic (month-to-month) tenancies. For fixed-term tenancies, early termination can only occur with landlord consent or in certain emergencies. You may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) if you cannot reach agreement or need to resolve disputes.
Practical Steps if Your Roommate Breaks the Lease
- Contact your landlord immediately: Explain the situation and ask about next steps.
- Continue paying the full rent on time.
- Document all communications in writing.
- Seek a replacement roommate if allowed by your lease.
- Request an updated lease if roommates change.
- Apply to the RTDRS for help with disputes or damages that can’t be resolved directly.
For guidance on moving out procedures and security deposit returns, see How to Get Your Security Deposit Back with Interest When Moving Out.
Which Laws and Authorities Protect Tenants?
In Alberta, the Residential Tenancies Act sets out the rights and responsibilities of landlords and tenants in shared housing. The Residential Tenancy Dispute Resolution Service (RTDRS) resolves most disputes without the need for court.
If you’re unsure about your obligations, reviewing provincial guidelines or seeking tenant advocacy support is always a good step. For more on your provincial rights, visit Tenant Rights and Landlord Rights in Alberta.
Official Forms and When to Use Them
- Notice to Terminate Tenancy — Periodic Lease (No form number): Used by tenants to give written notice to the landlord if you are ending a month-to-month (periodic) lease.
– Official information and sample notice
– Example: If you wish to end your tenancy after your roommate moves out, provide written notice according to the lease terms. - Application to RTDRS: To resolve disputes, replace tenants on a lease, or recover damages following a roommate’s early exit.
– Official application form
– Example: If your former roommate owes unpaid rent or damages, you can apply to RTDRS for a decision.
FAQ: Alberta Roommate Lease Breaks
- What if my roommate leaves before our lease is up?
You remain responsible for the full rent and the property’s condition until the lease ends, unless the landlord agrees to release you or a new lease is signed. - Can I keep my roommate’s portion of the deposit?
No. Security deposits remain with the landlord and must be returned based on the final condition of the property and joint agreement or tribunal order. - Should I notify the landlord if my roommate moves out?
Yes. Always inform the landlord in writing immediately to avoid misunderstandings and maintain a record of your actions. - Can a landlord force the remaining roommate(s) to leave?
Only in certain cases, such as unpaid rent, breach of the lease, or if the original lease does not list current occupants. - Can I look for a replacement roommate?
Usually yes, but check with your landlord for approval and get a new lease or written permission if needed.
Conclusion: Key Takeaways
- If your roommate breaks the lease, you’re still responsible for rent and the lease terms
- Act promptly: communicate with your landlord and document everything
- Use Alberta’s official processes if you need to resolve disputes or protect your rights
For more apartments or roommates, Browse apartments for rent in Canada with advanced search and helpful tools.
Need Help? Resources for Tenants
- Alberta Residential Tenancies Act (official guide)
- Residential Tenancy Dispute Resolution Service (RTDRS) – file applications and resolve disputes
- Service Alberta: Tenancy Consumer Tips
- Tenant advocacy: Centre for Public Legal Education Alberta (CPLEA) provides free legal info
- Residential Tenancies Act (Alberta) – Read the legislation
- Residential Tenancy Dispute Resolution Service (RTDRS) – Official RTDRS site
- Service Alberta: Renting in Alberta Guide – Official provincial resource
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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