Evicting a Roommate in BC: Tenants' Legal Guide

Living with roommates in British Columbia can offer flexibility and affordability, but disputes may arise that leave tenants seeking ways to end the arrangement. If you need to evict a roommate, it's important to understand the legal process to avoid jeopardizing your own tenancy. This guide explains the official steps, forms, and your rights under the Residential Tenancy Act (RTA) and points you to helpful resources for tenants in shared housing situations.

Roommate Eviction: Understanding Your Legal Position

In British Columbia, the rules for evicting a roommate depend on how your living arrangement is structured. It's important to know whether your roommate is:

• A co-tenant (both of you are on the lease with the landlord)
• A subtenant (you rent from the landlord and your roommate rents from you)
• Living in the unit informally (not on the lease or a separate agreement)

This distinction affects what legal steps you can take. The Residential Tenancy Branch (RTB) oversees tenancies, but many roommate disputes fall outside its jurisdiction—especially if the roommate is not on the formal lease with you.

Common Scenarios for Roommate Eviction in BC

Before taking action, recognize which situation applies to you:

• Co-tenants: If both of you are named tenants on the lease, you cannot evict your roommate. Only a landlord can end a tenancy, and both tenants are jointly responsible.
• Subtenants: If you are the head tenant and your roommate is a subtenant (with a written or verbal agreement), you do have some rights to end their arrangement using formal procedures.
• Informal arrangements: If your roommate is not named on the lease and you do not have a written agreement, the Residential Tenancy Act may not apply. You may need to use a civil process (such as Small Claims Court) if they refuse to leave.

Legal Steps to Evict a Roommate: For Head Tenants and Subtenancy

If you are a head tenant and your roommate is a subtenant under a formal or informal agreement, follow these steps:

1. Provide Proper Written Notice

• The notice must include the date, the reason, and give the required notice period.
• In BC, the typical notice period for subtenancies is one month (for no-fault terminations).

Use this template: "This is your written notice that your subtenancy will end on [date]. The reason for this notice is [state reason, e.g., violation of agreement]. You must vacate by the end date."

2. Use Official RTB Forms

• For subtenancies, the Notice to End Tenancy - RTB Form 33 (RTB Form 33) is used by a head tenant to end a subtenant's tenancy. Attach a copy of your agreement and details of the breach or reason.
• This form is required for subtenant eviction and must be completed and given to the roommate (in-person, by registered mail, or as specified in the Act).

Example: If your subtenant continually fails to pay their share of the rent, fill out Form 33, clearly state non-payment as the reason, and provide supporting documentation.

3. Wait Out the Notice Period

• The subtenant is entitled to stay for the notice period. If they remedy the breach (e.g., pay rent) and it's a reason that can be fixed, the notice may be void.

4. Apply to the Residential Tenancy Branch If They Refuse to Leave

• If your roommate remains after the notice expires, you must apply to the RTB for an Order of Possession (RTB Form 12).
• The RTB will require evidence that proper notice was given and, after review, may issue a legally enforceable order.

You cannot change locks, move belongings, or force a roommate out without this order.

When the Residential Tenancy Branch Does Not Apply

If your roommate isn’t covered under the Residential Tenancy Act (e.g., not formally a subtenant), you may need to resolve disputes in Small Claims Court. In these cases, try to mediate first, use written communication, and document all issues. The official tribunal for tenancy disputes is the Residential Tenancy Branch.

For more about your provincial rights, see Tenant Rights in British Columbia.

Protecting Yourself as a Tenant

Keep detailed records of all payments, agreements, and communications. Clear documentation is essential if you must present your case to the RTB or in court. If your roommate is also responsible for rent, review Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Before inviting a new roommate, consider screening carefully. Browse apartments for rent in Canada if you decide to seek a new living arrangement.

FAQ: Roommate Eviction for Tenants in BC

1. Can I legally evict my roommate if they are not on the lease?
   It depends. If you are the sole tenant and they are a subtenant, you must use RTB Form 33 to provide notice. If there is no formal agreement, your only option may be Small Claims Court.
2. What if my roommate refuses to leave after notice?
   You must apply to the Residential Tenancy Branch for an Order of Possession (RTB Form 12). Only then can eviction be enforced.
3. Do I lose my security deposit if my roommate moves out?
   Typically, the security deposit remains with the landlord and involves all named tenants. If the lease ends, review how to recover your deposit in How to Get Your Security Deposit Back with Interest When Moving Out.
4. What if my roommate is damaging the property?
   Document all incidents, and include them with your RTB application. Serious damage is a valid reason for giving notice.
5. Where can I get help with roommate eviction questions?
   Connect with the Residential Tenancy Branch or tenant advocacy groups for guidance (see resources below).

Conclusion: Key Takeaways for Tenants

• Determine your exact living arrangement before taking action.
• Use the proper forms and follow legal notice periods to avoid jeopardizing your tenancy rights.
• If in doubt, seek guidance from the Residential Tenancy Branch or local tenant resources.

By staying informed and following the correct process, you’ll protect your own housing and resolve roommate disputes lawfully.

Need Help? Resources for Tenants

• Residential Tenancy Branch (RTB): For official forms, dispute resolution, and guidance.
• Residential Tenancy Act: BC’s main rental housing law.
• Tenant Resource & Advisory Centre (TRAC): Free information and advocacy for tenants.
• For full details of your rights, see Tenant Rights in British Columbia.

1. Residential Tenancy Act (British Columbia): View full legislation
2. Residential Tenancy Branch Forms: Official tenancy forms and information
3. Notice to End Tenancy (RTB Form 33): Form download
4. Order of Possession (RTB Form 12): Form download
5. Residential Tenancy Branch: Tribunal and tenant information