Having a roommate can make renting more affordable, but what happens if your roommate stops paying rent in the Northwest Territories? Understanding your rights and responsibilities in shared housing is crucial for protecting yourself and maintaining a good relationship with your landlord. This article explores the legal implications when a roommate doesn’t pay their share, including what provincial law says, potential risks, and what steps to take to avoid trouble.
Understanding Tenancy Agreements in Shared Housing
In the Northwest Territories, your legal responsibility for rent depends mainly on how your rental agreement is structured. Most commonly, tenants either:
- Sign a single lease together with all roommates as co-tenants (joint tenancy)
- Have individual agreements with the landlord (separate tenancies)
- Live with the landlord as a boarder or subtenant
Under a joint tenancy, all tenants are jointly and severally liable. This means that if your roommate doesn’t pay their portion, the landlord can ask you to cover the full rent. With individual leases, you're usually only responsible for your own portion.
Key Terms Explained
- Joint tenancy: All roommates sign the same lease and share legal responsibility for the entire rent and any damages.
- Individual tenancy: Each tenant has a separate agreement, so their obligations are separate.
- Sublet: If you rent from another tenant instead of directly from the landlord, you’re considered a subtenant.
If you’re unsure about your situation, check your lease or ask your landlord for clarification. For more details on tenant and landlord obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
What the Law Says: Northwest Territories Tenancy Rules
Residential tenancies in the Northwest Territories are governed by the Residential Tenancies Act[1]. The official authority for resolving rental disputes is the Residential Tenancies Office (RTO).[2]
For most shared rentals, unless you have a formal agreement stating otherwise, you are liable for the entire rent if you are a joint tenant. If your roommate does not pay, the landlord can pursue you for the balance. This applies even if your roommate has already moved out or refuses to communicate.
Can a Landlord Evict Everyone If One Roommate Doesn’t Pay?
Yes. In a joint tenancy, unpaid rent is a breach of the agreement, giving the landlord the right to issue an eviction notice to all tenants. It’s important to act quickly if your roommate is not paying their rent, as everyone’s housing could be affected.
What To Do If Your Roommate Isn't Paying Rent
If you discover your roommate hasn’t paid their share, consider these steps:
- Talk to your roommate and try to resolve the issue informally
- Notify your landlord if you cannot cover the shortfall immediately
- Seek out mediation services if discussion fails
- Document all communications with your roommate and landlord
- Consider seeking repayment through Small Claims Court if you have paid your roommate’s share
Your landlord is not required to resolve disputes between roommates—but may take action if rent goes unpaid. You can learn more about rent payment requirements in Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.
Relevant Forms and How to Use Them
In cases of unpaid rent or possible eviction, the following official forms—issued by the Residential Tenancies Office—are most relevant:
- Application to the Residential Tenancies Office (Form 1): Used by tenants or landlords to request dispute resolution on rent payment, eviction, and other tenancy issues.
Tenant Example: If your landlord threatens eviction because your roommate didn't pay, you could file this form to dispute the eviction or seek relief. Find the official Form 1 here. - Notice to Terminate a Tenancy (Form 2): Used by a landlord to give formal termination notice due to unpaid rent. As a co-tenant, you may receive this even if you personally paid your share. View Form 2 here.
Be sure to respond to any termination notice promptly, and seek support if you are unsure how to proceed.
Protecting Yourself When Renting with Roommates
- Always sign a written roommate agreement alongside your tenancy agreement
- Clarify with your landlord whether you are joint or individual tenants
- Collect receipts and keep records of all rent payments (yours and your roommate's)
- If you pay more than your share, document attempts to collect from your roommate
- Understand your rights by reviewing Tenant Rights and Landlord Rights in Northwest Territories
These steps can greatly reduce your risk and provide a clear paper trail if problems arise.
Moving Forward: Know Your Options
If eviction seems likely or has already begun, understand your rights and obligations. Acting early—by communicating with your landlord and the Residential Tenancies Office—can help prevent further issues. Whether you stay or need to seek a new home, use trusted sources to find rental homes across Canada on Houseme.
- Can I remove my roommate from the lease if they don’t pay?
If your roommate is a joint tenant (named on the lease), you generally cannot remove them without your landlord’s involvement. You can ask your landlord if a new agreement is possible, but consent from both the landlord and the remaining tenants is usually required. - Will my credit be affected if my roommate doesn't pay rent?
If unpaid rent leads to debt collection or a court judgment against you, your credit could be affected. This risk exists if you are jointly liable for rent. - Do I have to pay my roommate’s share if I have an individual lease?
No, if each tenant has a separate agreement with the landlord and you pay your share, the landlord generally cannot require you to pay your roommate’s portion. - What official body handles rental disputes in the Northwest Territories?
The Residential Tenancies Office (RTO) oversees residential tenancy disputes and application filings in the Northwest Territories. They can help resolve issues related to rent, evictions, and more. - Where can I find more about my tenant rights?
For a full overview of rights and responsibilities, see Tenant Rights and Landlord Rights in Northwest Territories.
Key Takeaways
- If you and your roommate both signed the lease, you are likely both responsible for unpaid rent
- Communicate problems early with both your roommate and your landlord
- Keep documentation and respond promptly to official notices
Being proactive and informed can prevent many common problems with shared housing in the Northwest Territories.
Need Help? Resources for Tenants
- Residential Tenancies Office (RTO) – Information, forms, and support for disputes
- Northwest Territories Residential Tenancies Act – Full provincial legislation
- Local legal aid services: Legal Aid NWT
- Tenant associations and advocacy groups in your city
