What To Do If Your Roommate Doesn't Pay Rent in Manitoba
Sharing a rental in Manitoba can be a great way to save money, but it can also create difficult situations—especially if a roommate stops paying their share of the rent. As a tenant, it's critical to know your legal rights and responsibilities under Manitoba tenancy law when a roommate defaults, so you don't get caught off guard.
Roommate Rent Problems: Who Is Responsible?
In Manitoba, roommate rental arrangements can dramatically affect your legal accountability when rent goes unpaid. The most important factor is whose name is on the lease (rental agreement) with the landlord.
- All roommates signed the lease: You are likely jointly and severally liable. This means any roommate can be held responsible for the full rent if one does not pay.
- Only you signed the lease, roommate is a subtenant or guest: You may be solely responsible for unpaid rent to the landlord.
- Roommate rents directly from landlord under a separate agreement: You are likely not responsible for their missed payments.
If you’re unsure who is legally responsible, review your tenancy agreement or contact the Residential Tenancies Branch (RTB), the official body handling rental matters in Manitoba.
How Roommate Arrangements Affect Rent Obligations
If you and your roommate both signed a single lease, the landlord can collect the entire rent from any one tenant. If one roommate fails to pay, the landlord may pursue the remaining tenants for the overdue amount—even if you already paid your share. However, you can seek reimbursement from your roommate through Small Claims Court if you cover their payment.
On the other hand, if you each have separate leases with the landlord, you are generally only responsible for your own rent. Sublets and informal roommate arrangements can complicate things, so always keep written records and clarify arrangements.
What to Do When Your Roommate Doesn't Pay Rent
If your roommate misses rent, take these steps to protect yourself:
- Check your lease and clarify liability.
- Communicate with your roommate—find out if the issue is temporary.
- Notify your landlord of the situation, as required in your agreement.
- Continue paying your own share; document all payments you make to the landlord.
- Consider a repayment plan or ask your roommate to sign a written agreement for missed payments.
If you worry about eviction or damage to your rental history, act quickly. Failing to address your roommate’s non-payment may affect your own tenancy standing.
Relevant Manitoba Residential Tenancy Forms
- Application for Order of Possession: Used by landlords to evict tenants for unpaid rent. If your landlord files this, you will receive a Notice of Hearing. Attend the hearing to explain your case and show payment records.
- Tenants’ Application for Determination: If you believe you’re not responsible for your roommate’s debt, you can apply for a determination of responsibility using this form.
Visit the Residential Tenancies Branch to find forms and get guidance.
Action Steps: Handling a Roommate’s Unpaid Rent
Here is a quick step-by-step guide for Manitoba tenants facing this situation:
- Review your lease to understand your obligations.
- Pay your own share of rent and keep receipts.
- Communicate with your roommate—try to resolve payment amicably or agree to a payment plan.
- If necessary, notify your landlord in writing of the issue.
- If the landlord pursues action, attend all hearings or respond to notices through the Residential Tenancies Branch.
- Consider applying to the RTB for a determination if you disagree with your landlord’s claims about your responsibility.
Staying organized and proactive can protect you from being unfairly penalized.
Your Rights and Protections
Under Manitoba’s Residential Tenancies Act, tenants have legal protections—but also obligations. If a roommate’s non-payment leads to eviction notices, you may have options to contest the eviction if you can show you met your own payment obligations.
For a broader overview of tenant and landlord rights, see Tenant Rights and Landlord Rights in Manitoba.
Safeguarding Your Tenancy
- Pay rent directly to the landlord if possible, and avoid giving cash to roommates.
- Keep records of all rent payments and communication with both landlord and roommate.
- Consider renter's insurance to protect yourself.
- If you’re asked to leave your rental, know the proper procedures. Learn more in How to Properly End Your Rental Agreement as a Tenant.
If you believe your rights as a tenant are being put at risk because of a roommate’s actions, contact the Residential Tenancies Branch for advice before making any decisions.
What Happens to Damage Deposits?
If your roommate doesn’t pay their share of rent or damages the property, the landlord may deduct these costs from the security deposit. If you both paid a joint deposit, you may lose part or all of it due to your roommate’s actions. For more, visit Understanding Rental Deposits: What Tenants Need to Know.
If you need to find a new place, Find rental homes across Canada on Houseme for current listings suited to your needs.
Frequently Asked Questions About Roommate Rent Issues in Manitoba
- Am I responsible for my roommate’s unpaid rent if we both signed the lease?
Yes, unless the tenancy agreement states otherwise, Manitoba law says all signed tenants are equally responsible for the full rent. - Can my landlord evict me if my roommate doesn’t pay?
If the full rent is unpaid, the landlord may apply to evict all tenants on the lease, even if only one missed payments. You may be able to contest this if you have proof of payment. - What if only my roommate’s name is on the lease?
If your name is not on the tenancy agreement, you generally aren’t directly responsible to the landlord for unpaid rent, but you may have to move if your roommate is evicted. - How can I protect myself before signing a lease with roommates?
Agree on responsibilities in writing, keep records, and make sure you understand the lease terms before signing. Read Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more tips.
Summary: What Manitoba Tenants Should Remember
- Your liability for unpaid rent depends on the lease arrangement.
- If your roommate doesn’t pay, act quickly: document everything and contact your landlord.
- Use official forms and seek guidance from the Residential Tenancies Branch for disputes.
Clear agreements and prompt action can help you avoid serious consequences when facing shared rental issues.
Need Help? Resources for Tenants
- Residential Tenancies Branch (RTB): Manitoba's official body for resolving tenant–landlord disputes and questions
- Tenant Advocacy Organizations: Contact Renters United Winnipeg for local support
- Forms, guides, and further resources: Manitoba RTB Resources
- Residential Tenancies Act, Manitoba: Residential Tenancies Act - full text
- Residential Tenancies Branch (RTB): https://www.gov.mb.ca/cca/rtb/
- RTB Fact Sheets on Rent, Deposits, Hearings: https://www.gov.mb.ca/cca/rtb/resource/factsheets.html
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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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