What to Do If Your Roommate Breaks a Lease in Manitoba

Living with roommates can be convenient, but if a roommate breaks the lease in Manitoba, it often leads to confusion and stress for tenants left behind. This guide explains what happens next, your rights under Manitoba law, and practical steps you can take to protect yourself if you find yourself in this situation.

Understanding the Lease and Roommate Agreements

The first thing to consider is your rental agreement. In Manitoba, leases can be signed jointly (all tenants on one lease) or individually (separate leases with the landlord). The situation is different depending on which type you have:

• Joint Lease: All roommates are equally responsible for the entire rent and the terms of the lease. If one leaves, the remaining tenants are still liable.
• Individual Lease: Each roommate is only responsible for their part. If a roommate leaves, only their tenancy ends.

If you’re unsure which you have, review your lease or contact your landlord. Manitoba’s Residential Tenancies Branch oversees rental disputes and can offer guidance.

Legal Rights and Responsibilities When a Roommate Leaves

According to the Residential Tenancies Act of Manitoba^[1], tenants are responsible for paying the full rent, even if a roommate leaves early. The remaining tenant(s) become responsible for covering the entire rent unless a new agreement is made with the landlord. It’s important to speak with your landlord immediately to discuss your options.

What Happens to the Security Deposit?

If your lease is joint, the security deposit remains with the landlord until all tenants move out. You will need to agree with your former roommate how to handle their portion. If you’re on individual leases, your deposit is treated separately.

Learn more in Understanding Rental Deposits: What Tenants Need to Know.

Ending the Lease or Subletting

If you can’t afford the rent alone, you may consider:

• Requesting to sublet or assign your place to a new roommate (with the landlord’s approval and using the correct form)
• Negotiating with the landlord to end the lease early
• Seeking mediation through the Residential Tenancies Branch

Official Forms and Government Procedures

When a roommate wants to leave, one of the following forms may be required:

• Notice of Termination by Tenant (Form 1): Used when a tenant intends to move out at the end or during a fixed-term lease. Download Form 1 from the Residential Tenancies Branch.
  Example: If your roommate is ending their tenancy, they submit this notice to the landlord and all other tenants named on the lease.
• Request for Consent to Assign or Sublet (Form 3): Used to get landlord’s permission to assign the lease or sublet to someone new. Form 3 available here.
  Example: You find a new roommate to take your former roommate’s place; you and your landlord fill out this form for approval.

Always submit official forms in writing and keep copies for your records. For more practical info, see What Tenants Need to Know After Signing the Rental Agreement.

Potential Problems and How to Resolve Them

If you’re left with unpaid rent, damage, or other issues, here are steps you can take:

• Negotiate with your former roommate for their share of rent or utilities
• Contact your landlord early to discuss solutions (like subletting)
• Apply to the Residential Tenancies Branch for dispute resolution if needed

For broader info about landlord-tenant rights in your province, see Tenant Rights and Landlord Rights in Manitoba.

Finding a New Place to Live

If the rental isn’t affordable on your own, you may need to move. Remember to give proper notice and follow provincial rules when leaving. Explore Houseme for nationwide rental listings to find new housing options across Manitoba and Canada.

Frequently Asked Questions

1. Do I have to pay the whole rent if my roommate leaves?
   Usually, yes. If you’re both listed on a joint lease, the landlord can require the full rent from any remaining tenants.
2. Can I replace my roommate with someone new?
   Often, yes—if your landlord agrees and the new roommate applies through the right process. Use the Request for Consent to Assign or Sublet (Form 3).
3. Will I get my deposit back if my roommate moves out?
   The deposit is usually only returned when all tenants on the lease leave, unless leases are individual.
4. What can I do if my roommate owes me money?
   You can try to recover the money through negotiations or as a civil claim in court if needed, since the Residential Tenancies Branch only handles matters between tenants and landlords.
5. Who do I contact for help with roommate disputes?
   The Residential Tenancies Branch of Manitoba provides advice and dispute resolution services for landlord-tenant matters.

Key Takeaways

• If your roommate breaks the lease, you’re usually responsible for the remaining rent unless your lease says otherwise.
• Use official forms like Form 1 (Notice of Termination) and Form 3 (Assign/Sublet) for changes to the tenancy.
• The Residential Tenancies Branch is your go-to resource for questions and help resolving disputes.

Need Help? Resources for Tenants

• Manitoba Residential Tenancies Branch: 1-800-782-8403 (outside Winnipeg); 204-945-2476 (Winnipeg)
• Legal Aid Manitoba: Legal assistance for low-income tenants
• Tenant Resource and Advisory Services (TRAS): Support for tenants’ rights and advocacy

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1. See the Residential Tenancies Act of Manitoba.
2. Official forms available from the Manitoba Residential Tenancies Branch Forms Page.

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