Who is a roommate, co-tenant or subtenant?
Co-tenants usually share a single rental agreement and are jointly responsible for rent and damage. A roommate may be listed on the lease or may be an informal occupant; a subtenant rents from a tenant rather than directly from the landlord. Knowing which role you fill affects who can be evicted and who must be served notices.
How evictions with roommates or co-tenants work in Newfoundland and Labrador
Landlords must follow the province's residential tenancy rules and use the Residential Tenancies Board process for disputes and eviction orders [1]. If the landlord wants a tenant removed for unpaid rent, damage, illegal activity or other breaches they must serve formal notices and in many cases apply to the tribunal for an order. A co-tenant's conduct can sometimes be the reason for an eviction application, but courts and tribunals look at lease language, who pays rent, and who lives in the unit.
Common reasons a landlord may seek an eviction
- Non-payment of rent or repeated late payments.
- Serious damage to the rental unit or dangerous behaviour.
- Breach of a written tenancy agreement or illegal activity on the premises.
Can a landlord evict one co-tenant but not the other?
It depends on the lease. If both names are on the tenancy agreement the landlord commonly seeks an order affecting the tenancy as a whole. If only one co-tenant signed the lease, the landlord may apply to remove that person while leaving the remaining tenant, but the tribunal will consider the lease terms, contributions to rent, and household arrangements. Get clear documentation showing who signed the lease and who pays rent.
What to do immediately after receiving a notice
- Read the notice carefully and note any deadline or date by which you must vacate or respond.
- Gather evidence: rent receipts, messages, photos and any written agreements with roommates or the landlord.
- If you disagree, prepare to file a response or application with the Residential Tenancies Board before the deadline [2].
If you need housing options while you respond, use resources such as Find rental homes across Canada on Houseme to search available listings and plan next steps.
How the tribunal process typically proceeds
After an application is filed the Residential Tenancies Board schedules a hearing where both sides present evidence. The tribunal can issue orders about paying arrears, vacating the unit, or other remedies. If the tribunal issues an eviction order and the tenant does not comply the landlord may obtain enforcement through local enforcement mechanisms. Always check official forms and timelines before attending a hearing [2].
Practical examples of official forms and when to use them
- Notice to Terminate Tenancy (official provincial form) — used when a landlord gives formal notice of termination for cause or for non-payment; example: a landlord serves this when a roommate stops paying rent and the landlord seeks to end the tenancy.
- Application to the Residential Tenancies Board (dispute form) — used by a tenant or landlord to start a hearing; example: a tenant files it to dispute an eviction notice and request a hearing to present proof of rent payments.
- Receipt or rent ledger templates — not always an official form but essential evidence; example: provide copies when the tribunal asks for proof of payment.
FAQ
- Can a roommate be evicted without my consent?
- If both of you are on the same lease, the landlord will usually apply to end the tenancy rather than evict one name only. If only one person signed the lease, the landlord may seek to remove the non-tenant occupant but must follow board procedures.
- What if I didn’t sign the lease but I pay rent?
- Paying rent and living in the unit can give you some protections, but rights vary by circumstance; keep proof of payments and communications and consider filing an application to the board to clarify your status.
- How long do I have to respond to an eviction notice?
- Deadlines depend on the reason for the notice and the form used; common periods are a few days for emergency grounds or several days for non-payment. Always check the specific notice and the Residential Tenancies Board guidance [1].
How-To
- Read the notice and note the deadline to respond or vacate.
- Gather documents: lease, rent receipts, messages and photos.
- File an application or response with the Residential Tenancies Board before the stated deadline and pay any required fees [2].
- Attend the hearing or arrange representation and bring organized evidence and witnesses if available.
- If the order requires you to move, follow the order or seek legal advice about enforcement or appeal options.
Help and Support / Resources
- Residential tenancy information and guidance (Government of Newfoundland and Labrador)
- Residential Tenancies Board: filing, hearings and contact details
- Newfoundland and Labrador legislation and the Residential Tenancies Act
