What Happens If Your Roommate Breaks the Lease in Newfoundland and Labrador?

Sharing a rental in Newfoundland and Labrador can be a great way to save on housing costs, but things can get complicated if a roommate decides to break the lease. If you’re facing this situation, it’s essential to understand your rights, responsibilities, and what steps you can take to protect yourself and your tenancy in this province.

Understanding Joint vs. Individual Leases

First, review your lease agreement. Are all roommates named on a single lease (joint), or does each person have a separate agreement (individual)? In Newfoundland and Labrador, most shared rentals use joint leases, meaning all tenants share responsibility for the whole rent and for following the terms of the lease.

• Joint Lease: If one roommate leaves early, the remaining tenants are still responsible for the full rent amount.
• Individual Lease: Each tenant is only responsible for their specific portion of rent and obligations.

If you’re not sure which type applies, check your lease or speak with your landlord.

What Happens When a Roommate Leaves Early?

When a roommate breaks the lease, several challenges can arise:

• The landlord may expect the remaining tenants to pay the full rent.
• You could have to find a qualified replacement roommate.
• There may be disputes about returning rental deposits and dividing utilities or shared costs.

Newfoundland and Labrador’s tenancy law requires tenants to follow the lease terms. Residential Tenancies Section of Service NL oversees rental issues in the province, and the relevant law is the Residential Tenancies Act, 2018^[1].

Giving Proper Notice

Roommates must give written notice before moving out. For fixed-term leases, a tenant may not break the lease without penalty unless both the landlord and all tenants agree. For month-to-month agreements, at least one full rental month of notice (Form RTB-5: Notice of Termination by Tenant) is usually required. Learn more and download official forms at the Service NL Forms page.

If proper notice isn’t given, remaining tenants may still be responsible for paying the full rent due to the joint liability in most shared leases. The departing roommate could also lose their rental deposit.

Replacement Roommates and Subletting

Often, roommates want to find a replacement to cover the departing person’s share. In Newfoundland and Labrador, subletting or assigning a lease requires the landlord’s written consent, but the landlord cannot unreasonably withhold permission^[1]. Use Form RTB-15: Application for Assignment or Sublet when seeking approval. This form must be filled out by both the original tenant and proposed replacement and sent to the landlord for written consent. See the official form here. For a smooth transition, include:

• Details about the replacement roommate
• Proposed move-in date
• The original lease agreement attached

If the landlord accepts the replacement, the new tenant assumes all rights and obligations under the lease.

Financial Responsibilities and Rental Deposits

All tenants on a joint lease remain responsible for the full rent, even if one person leaves. If the departing roommate contributed to the initial rental deposit, you may need to sort out refunds amongst yourselves if the deposit remains with the landlord. For more insights, see Understanding Rental Deposits: What Tenants Need to Know.

If the lease ends early, you may be eligible for a deposit refund once all rent is paid, damages are resolved, and the unit is vacated by all tenants. Read the official requirements in the Residential Tenancies Act, 2018.

Your Rights Under Newfoundland and Labrador Law

As a tenant, you have legal rights and responsibilities, whether you’re staying or leaving. Review Tenant Rights and Landlord Rights in Newfoundland and Labrador for a helpful overview of your protections regarding leases, rent, and evictions.

If you’re worried about paying the full rent after a roommate leaves, talk to your landlord right away to discuss options or agree to new arrangements.

Need to End Your Lease Early?

If you (or your roommate) urgently need to move out, read about proper procedures and tips in What to Do If You Need to Leave Your Rental Before the Lease Expires.

Common Issues and How to Handle Them

Disagreements over cleaning, utilities, or shared spaces can become more stressful when a roommate leaves suddenly. Document your communications, and try to resolve matters amicably. For guidance on resolving rental disputes or handling shared responsibilities, see Common Issues Tenants Face and How to Resolve Them.

FAQ: Roommates and Early Lease Termination in NL

1. What happens if my roommate leaves without notice?
   You and any remaining tenants on a joint lease are still responsible for paying the full monthly rent. The departing roommate could lose their deposit or be liable for unpaid rent, depending on the lease and local rules.
2. Can I force my roommate to keep paying their share if they leave?
   Maybe. Legally, you may pursue their share in small claims court, but the landlord will usually look to the remaining tenants for the full rent amount until a replacement is approved.
3. How do I legally replace a roommate?
   Both you (as remaining tenants) and the landlord must approve the new roommate in writing. Use Service NL’s "Application for Assignment or Sublet" (Form RTB-15) for this purpose.
4. Will I lose my rental deposit if my roommate leaves?
   Not if you stay and continue paying full rent in accordance with the lease. If all tenants leave before proper notice, the landlord may use the deposit to cover unpaid rent or damages.

Conclusion: Takeaways for Tenants

• When a roommate leaves, check your lease to confirm your obligations.
• Notify your landlord immediately and discuss options for replacement or subletting.
• Use official forms and give all required notice to protect your rights and deposit.

If you’re affected by a roommate breaking the lease, understanding your legal position helps you avoid financial surprises and keep your tenancy stable.

Need Help? Resources for Tenants

• Residential Tenancies Section, Service NL – province’s official resource and tribunal for tenant issues
• Residential Tenancies Act, 2018 – read the full legal rules for NL tenants
• Official Landlord-Tenant Forms (Service NL) – download notice, assignment/sublet, and complaint forms
• For general help or clarification, call Service NL’s Residential Tenancies program at 1-877-829-2608 or email landlordtenant@gov.nl.ca
• Find support and advice at local tenant organizations or legal aid offices in Newfoundland and Labrador

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1. Residential Tenancies Act, 2018, Government of Newfoundland and Labrador.
2. Service NL Residential Tenancies Section, Government of Newfoundland and Labrador.
3. Service NL Landlord-Tenant Forms, Government of Newfoundland and Labrador.

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