Roommates and shared housing are common solutions for tenants in Newfoundland and Labrador, especially in competitive rental markets or for students and young professionals. However, sharing a home involves unique legal and practical considerations. This guide covers 10 essential facts about living with roommates in Newfoundland and Labrador, ensuring you understand your rights, responsibilities, and best practices for a positive shared living experience.
Roommate Basics: What Counts as Shared Housing?
Shared housing involves two or more unrelated people living together in one rental unit. This could be a formal arrangement (all names on the lease) or an informal one (some tenants are not listed on the lease). The law treats these situations differently, especially when it comes to eviction, rent, and legal disputes.
Fact 1: Lease Arrangements Matter
There are two main ways roommates are covered by leases in Newfoundland and Labrador:
- Co-tenancy: All roommates sign the lease and are jointly responsible for the rent and damages.
- Subtenancy/Unofficial roommate: Only one or some tenants sign the lease, and others move in informally.
Co-tenants share equal legal responsibility. If you're an unofficial roommate (not named on the lease), you may lack protections under tenancy law.
Fact 2: Your Rights Are Defined by the Residential Tenancies Act
In Newfoundland and Labrador, the Residential Tenancies Act sets out the rules for both landlords and tenants in shared housing arrangements.
Learn more about the Act and related protections at the Residential Tenancies Office.[1]
Fact 3: All Roommates May Be Liable for Rent and Damages
If you are listed on the lease, the landlord can require any or all roommates to pay the full rent, even if one person doesn't pay their share. The same applies for damage and cleaning costs at move-out.
Fact 4: Security Deposits—Who Gets Them Back?
Generally, security deposits (sometimes called "damage deposits") are paid once per rental unit, not per person. The landlord returns the deposit to the tenant(s) listed on the lease after all obligations are met, regardless of which roommate actually paid up front. The group is responsible for dividing the returned amount.
If you paid the deposit directly, ensure your name is on the lease or have a written agreement with your roommates.
For a detailed overview, see Understanding Rental Deposits: What Tenants Need to Know.
Fact 5: Adding or Changing Roommates Needs Landlord Approval
Adding a new roommate usually requires the landlord's written approval. Without this, you may inadvertently breach your lease agreement, risking eviction for the whole household.
Fact 6: Ending a Shared Lease or Moving Out
If one roommate wants to leave early, all co-tenants remain responsible for the lease unless the landlord agrees to update the agreement. Always communicate with your landlord and document all changes.
Fact 7: Unofficial Roommates May Have No Legal Standing
If you aren't on the lease, you have no direct relationship with the landlord. Instead, your legal rights (like notice to move out) are governed by your agreement with your official roommate(s). If conflict arises, the Residential Tenancies Office may be unable to help unofficial roommates directly.
Fact 8: Responsibility for Utilities and Shared Expenses
Unless specified in your lease or another written agreement, the law doesn't govern how roommates split utility bills or household expenses. It's best to put financial arrangements in writing to avoid future disputes.
Fact 9: Handling Disputes and Complaints
Roommate disagreements are not usually covered by tenancy law. Try informal resolution first, and consider written agreements covering house rules, cleaning, and payments. For issues with the landlord (like repairs or safety), every co-tenant has the right to file a complaint.
For tips on resolving concerns in a rental, visit How to Handle Complaints in Your Rental: A Tenant’s Guide.
Fact 10: Health, Safety, and Privacy in Shared Housing
Your landlord must meet minimum health and safety standards under the Residential Tenancies Act, regardless of the number of occupants. Overcrowding or illegal "rooming house" setups can put your safety and your lease at risk.
Relevant Forms for Roommate and Shared Housing Situations in NL
- Tenant Application (Form 6): Used if you need to resolve issues with your landlord, such as deposit disputes or repairs. Fill out and file this with the Residential Tenancies Office.
Example: If your landlord won't approve a new roommate or refund the damage deposit fairly. Download Tenant Application (Form 6) - Notice to Terminate (Form 12): Used to give proper notice if you are ending a shared tenancy. Be sure to follow the requirements for timing. View Notice to Terminate (Form 12)
Stay informed: Tenant Rights and Landlord Rights in Newfoundland and Labrador offers a complete overview of relevant legislation and responsibilities in the province.
Browse apartments for rent in Canada or Find rental homes across Canada on Houseme to search safe, verified listings if you're looking for a new shared home.
- Who is responsible if a roommate damages the rental unit?
If you're a co-tenant (on the lease), the landlord may hold any or all tenants responsible for damage. Roommates should work out how to handle liability with a written agreement. - Can a roommate be evicted separately in Newfoundland and Labrador?
Not usually. The landlord typically issues eviction notice to all tenants on the lease, not just one person. Unofficial roommates not on the lease have no eviction protection and can be asked to leave by the leaseholder(s). - How can I protect myself in an informal roommate situation?
Try to have your name added to the lease. If that's not possible, create a signed roommate agreement covering rent, bills, cleaning, and move-out notice periods. - Does the landlord have to approve a new roommate?
Yes, usually. Landlords have the right to approve or refuse additional occupants. Adding someone without approval may violate your lease. - What should I do if my roommate moves out without notice?
You are still responsible for the full rent. Communicate quickly with your landlord and explore finding a replacement roommate, with landlord approval.
- How do I add a new roommate to my lease?
1. Check your lease for occupancy rules. 2. Ask your landlord in writing for approval. 3. If agreed, ensure the new roommate signs the lease or is added officially. 4. Keep written confirmation for your records. - How can I legally end my shared tenancy?
1. Discuss plans with your roommates. 2. Fill out the Notice to Terminate (Form 12). 3. Provide required notice to your landlord per the lease and the Residential Tenancies Act. 4. Move out and coordinate deposit return. - What steps should I take if I have a dispute with my roommate?
1. Try to resolve things informally. 2. Follow your written roommate agreement if you have one. 3. If the problem involves the landlord, file a Tenant Application (Form 6) with the Residential Tenancies Office.
- Shared rental situations require trust, clear communication, and written agreements to protect everyone's interests.
- All tenants on the lease are equally responsible for rent and damages, regardless of who is at fault.
- Roommate disputes aren't covered by tenancy boards, so resolve issues directly where possible — and get arrangements in writing.
Need Help? Resources for Tenants
- Residential Tenancies Office (Government of NL): Tenant information, official forms, and dispute resolution
- Tenant Advocacy and Support: Newfoundland and Labrador Legal Aid Commission offers free basic legal information for qualifying tenants.
- Find more details: Tenant Rights and Landlord Rights in Newfoundland and Labrador
- Government of Newfoundland and Labrador, Residential Tenancies Act, 2018. See the full legislation text.
- Residential Tenancies Office NL – Landlord and tenant services (Forms, information, dispute help).
