Know Your Status in the Rental
A co-tenant is named on the tenancy agreement with the primary tenant. Co-tenants generally share the rights and responsibilities in that agreement, including paying rent and following the rules. An occupant or roommate may live in the home without being a tenant under the Act, especially if the landlord never agreed to add them. A subtenant has a separate agreement with the original tenant, who remains responsible to the landlord.
- Review the signed tenancy agreement, addenda, rent records, and messages about who is authorized to live there.
- Ask the landlord in writing whether you are listed as a tenant and whether the agreement will continue after the primary tenant leaves.
- Do not assume that paying rent alone automatically makes you a tenant under the Residential Tenancy Act.
What Happens When a Co-Tenant Moves Out?
Moving out does not automatically remove a named co-tenant's responsibilities. Unless the landlord and tenants make a written change, the departing co-tenant may still be responsible under the agreement, while the remaining co-tenant may continue to owe rent and comply with the tenancy terms. A notice from one co-tenant can also affect the tenancy as a whole, so get advice before giving or accepting notice.
The remaining renter should ask the landlord for a written agreement confirming whether the tenancy continues, whether the departing person is released, and whether rent or other terms change. The landlord may require an application or screening process before approving a replacement tenant. A landlord cannot simply treat an informal roommate as a replacement without addressing the tenancy agreement.
For a plain-language overview of shared obligations, see Obligations of Landlords and Tenants: Rights, Responsibilities, and Best Practices.
Sublets, Roommates, and Occupants
A sublet usually requires the landlord's written permission, and the original tenant remains responsible to the landlord while the subtenant occupies the unit. A roommate or occupant may have rights under a private agreement with the tenant but may not have a direct tenancy relationship with the landlord. If the primary tenant leaves and the landlord has not approved a new arrangement, the remaining occupant may face a request to leave.
- Request written consent before replacing the departing tenant or changing who occupies the rental.
- Keep proof of rent payments and agree in writing on each person's share of rent, utilities, and any deposit.
- Protect privacy and access arrangements by confirming who holds keys and who may enter the unit.
When the primary tenant is leaving permanently, the safest option is often a new written tenancy agreement with the landlord. If the landlord refuses or proposes an eviction, ask for the reason and the legal notice being relied on. A landlord generally must use the proper process and cannot lock out a tenant or remove belongings without lawful authority.
Rent, Deposits, Repairs, and Evidence
Until the agreement is changed or legally ends, rent remains due according to its terms. Keep paying the correct amount on time, even while discussing who will remain. Use traceable payments and identify the rental period. For practical record-keeping guidance, read Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
A security deposit belongs to the tenancy, not automatically to the person who originally paid it. Do not privately transfer a deposit without a written agreement among the departing tenant, remaining tenant, and landlord. At the end of the tenancy, the landlord must follow BC rules for returning or claiming against the deposit. A condition inspection report, photographs, receipts, and repair messages can help show who caused or reported a problem.
- Keep rent receipts, deposit records, utility payments, and written agreements in one secure file.
- Take dated photos and videos when the primary tenant leaves or a new renter takes over.
- Report repairs in writing and continue allowing lawful access for necessary maintenance.
Notices, Eviction, and Dispute Resolution
If the landlord wants the remaining renter to leave, ask for a copy of the written notice and check the reason, effective date, and required form. A text message or verbal demand is not necessarily a valid notice to end a tenancy. Do not ignore a notice: the response deadline may be short, and disputing it usually requires an application to the Residential Tenancy Branch.
The Residential Tenancy Branch administers BC residential tenancy disputes. You can apply for dispute resolution online or by using the official application process. The Branch can decide issues such as whether a tenancy exists, whether a notice is valid, money owed, and possession. BC's Residential Tenancy Act is the governing legislation.[2]
- Save the agreement, notices, messages, payment records, inspection reports, and photographs before filing.
- Check the deadline immediately because dispute applications and responses must be made within applicable time limits.
- Attend the hearing or participate as instructed, and explain the facts in date order.
Official forms that may apply
The correct form depends on what is happening, and not every form is used in every shared-housing situation. The official BC forms page includes current forms and instructions.[3]
- RTB-1, Tenancy Agreement: use it when the landlord and remaining renter create a new tenancy, such as after approving the departing tenant's replacement.
- RTB-8, Mutual Agreement to End a Tenancy: use it only when the parties genuinely agree to end the tenancy; a remaining renter should not sign it if they intend to stay.
- Application for Dispute Resolution: use the current online or paper application when asking the Residential Tenancy Branch to decide a disagreement, such as whether a tenancy continues or money is owed.
- Landlord notice forms: if you receive a notice to end tenancy, verify that it is the current official form and use the dispute instructions printed on it rather than relying on an informal message.
Frequently Asked Questions
- Can I stay if the primary tenant moves out?
- It depends on whether you are a named tenant, an approved subtenant, or only an occupant, and whether the landlord agrees to continue or create a tenancy with you.
- Does the departing tenant still owe rent?
- A named tenant may remain responsible under the existing agreement until the tenancy ends or the landlord agrees in writing to release that tenant.
- Can the landlord immediately lock me out?
- A landlord generally must follow the lawful process for ending a tenancy and cannot use a lockout or removal of belongings as a substitute for that process.
- What should I do if I receive a notice?
- Keep the notice, check its date and reason, obtain advice promptly, and use the Residential Tenancy Branch dispute process before the applicable deadline.
How-To: Protect Your Tenancy When the Primary Tenant Leaves
- Gather the tenancy agreement, payment records, messages, and evidence showing your authorized occupancy.
- Write to the landlord explaining that the primary tenant is leaving and request written confirmation of your status.
- Continue paying rent on time while the parties negotiate a written continuation or new agreement.
- Keep keys, access, and repair arrangements stable unless the landlord gives a lawful written direction.
- Apply to the Residential Tenancy Branch if the parties cannot resolve the dispute or you receive a notice you believe is invalid.
Help and Support / Resources
- Contact the Residential Tenancy Branch for information and dispute-resolution assistance.
- BC residential tenancy forms for current agreements, notices, and applications.
- BC tenant rights and responsibilities for official explanations of tenancy rules.
- Legal Aid BC tenancy information for qualifying renters who need legal help.
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