Are You Liable If Your Roommate Doesn’t Pay Rent in Newfoundland and Labrador?
Sharing a rental in Newfoundland and Labrador can help lower costs, but what happens if your roommate doesn’t pay their share of the rent? This situation can be stressful and unclear for many tenants. Understanding your responsibility when a roommate defaults can protect you from legal and financial troubles. Here’s what you need to know if you’re in this situation, with clear action steps, official resources, and guidance based on current Newfoundland and Labrador tenancy law.
Rent Payment Responsibility in Shared Rentals
When living with a roommate, your legal responsibility to pay rent depends on what’s in your rental agreement and who is named on the lease. In Newfoundland and Labrador, rental agreements are governed by the Residential Tenancies Act, 2018[1].
- All roommates sign the lease: Each person named is jointly and severally liable. This means the landlord can require any one or all tenants to pay the full rent if someone else doesn’t pay.
- Only one person signs the lease: Only the signed tenant is legally responsible for paying rent to the landlord. Subtenants or unofficial roommates may owe money to the leaseholder, but the landlord cannot pursue them directly.
It’s important to clarify your status – check your rental agreement and see whose name(s) appear.
What Happens When a Roommate Doesn’t Pay?
If your roommate fails to pay their share, the landlord may treat it as a missed rental payment. In most cases, the entire rent is due, regardless of who provided what portion. This could put all tenants at risk of eviction if the landlord files a claim with the Residential Tenancies Office (RTO), the provincial tenancy board handling these disputes.
Your Options If a Roommate Misses Rent
Here are steps to protect yourself if you find yourself covering someone else’s share:
- Pay the full rent: To avoid jeopardizing your tenancy, consider paying the owed amount and addressing the issue with your roommate separately.
- Talk to your landlord: If you’re unable to pay, communicate with your landlord as soon as possible about the situation.
- Document everything: Keep records of payments made, agreements with your roommate, and all communication with your landlord.
- Seek mediation: The RTO offers dispute resolution services for tenant disputes, including those involving roommates.
When Are You Not Responsible?
If you are not named on the lease, and your arrangement is only with your roommate (not the landlord), you may not be legally responsible to the landlord for unpaid rent. However, the primary tenant (leaseholder) may be able to take you to small claims court for any unpaid share, if you have a written or verbal agreement between you.
Relevant Forms and How to Use Them
- Notice of Termination (Form RTB-1): Used by a landlord or tenant to end a rental agreement due to non-payment or breach of contract. For example, if you are on the lease and your roommate refuses to leave after not paying their rent, you may need to serve them with this form. Download the Notice of Termination (RTB-1)
- Application for Dispute Resolution (Form RTB-2): Submit this form to the RTO if you need a formal decision regarding unpaid rent or responsibility disputes between tenants. Access Application for Dispute Resolution (RTB-2)
These forms help start official processes – for example, a "Notice of Termination" can be served to end a tenancy due to non-payment, and "Application for Dispute Resolution" can resolve financial disputes formally.
How Does This Affect Deposits and Your Record?
If a roommate’s non-payment leads to rent arrears or damages, the landlord may claim these against the security deposit. Understanding how deposits function is important – see Understanding Rental Deposits: What Tenants Need to Know for more details.
Non-payment incidents may be reported to credit bureaus or result in a negative rental history if unresolved. Acting quickly is in your best interest.
Protecting Yourself in Shared Housing Situations
Roommate issues are a common challenge for tenants in Newfoundland and Labrador. Here’s how to reduce your risks:
- Make sure all roommates are named on the lease if possible.
- Have a written roommate agreement outlining financial responsibilities.
- Document all rent payments and who paid what portion.
- Be proactive: address missed payments immediately to prevent escalation.
For a broader overview of rights and responsibilities, visit Tenant Rights and Landlord Rights in Newfoundland and Labrador.
Want to explore other rental options? Find rental homes across Canada on Houseme – the all-in-one platform for apartments and houses in every province.
FAQ: Roommates and Rent Responsibility in Newfoundland and Labrador
- Can my landlord evict me if my roommate doesn’t pay rent, even if I did?
Yes, if you are both named on the lease, the landlord can apply to evict all tenants if the full rent isn’t paid. Joint responsibility usually means you both share the risk, even if you paid your share. - What if only my roommate’s name is on the lease?
If you’re not on the lease, your landlord may not be able to evict you directly, but you have fewer rights, and your roommate could ask you to leave. - Can I recover money from a roommate who didn’t pay their share?
Yes, you may pursue repayment through small claims court or mediation, especially if you have a written agreement showing who owes what. - What forms should I use if I need to end the tenancy due to a roommate problem?
You may use the Notice of Termination (RTB-1) for ending the agreement, and the Application for Dispute Resolution (RTB-2) for official disputes. Check the RTO’s website for the forms and instructions. - Does the Residential Tenancies Office handle roommate issues?
The RTO primarily deals with landlord–tenant problems but can sometimes help with roommate issues if they affect the main tenancy. For roommate-only disputes, small claims court may be more appropriate.
Key Takeaways for Tenants
- If you signed the lease, you’re likely responsible for the full rent, even if a roommate doesn’t pay.
- Keep documentation and act quickly to avoid rent arrears or eviction risk.
- Use official forms and contact the RTO for help if needed.
Review your situation carefully and get support before making decisions.
Need Help? Resources for Tenants
- Residential Tenancies Office (RTO) – Newfoundland and Labrador: Forms, dispute resolution, and tenancy information
- Public Legal Information Association of Newfoundland and Labrador (PLIAN): https://publiclegalinfo.com/
- Landlord and Tenant helpline: 1-877-829-2608
- Learn more about your rights: Tenant Rights and Landlord Rights in Newfoundland and Labrador
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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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