Ontario Tenant Rights: Roommates & Shared Housing Guide

Living with roommates or in shared housing is common in Ontario, but it brings unique challenges and legal questions for tenants. Understanding your rights and responsibilities under Ontario law is crucial for protecting yourself, avoiding disputes, and ensuring a safe living environment. This guide covers the essentials for tenants sharing accommodations, referencing the Residential Tenancies Act, 2006 and practical steps for Ontario renters.

Roommates and Shared Housing: The Basics

In Ontario, shared housing arrangements usually fall into one of these categories:

• Co-tenants/share leases: All tenants sign a lease with the landlord and are collectively responsible for rent and damages.
• Sublets: A tenant rents out their room or the whole unit to someone else, often with landlord approval.
• Unregistered rooming houses or informal arrangements: Tenants may have separate agreements with the landlord or no formal written agreement at all.

The rights and obligations you have will depend on your specific arrangement and whether you are listed on the lease.

Are All Roommates Protected by the Residential Tenancies Act, 2006?

Ontario’s Residential Tenancies Act, 2006^[1] (RTA) covers most shared rentals, but there are exceptions. For example, if you share a kitchen or bathroom with the property owner or a close family member of the landlord, you may not be covered by the RTA. Check your living arrangement and refer to Tenant Rights in Ontario for further clarification.

Leases and Agreements in Shared Housing

Sharing a place with roommates can get complicated. Consider these scenarios:

• If you and your roommates are all on the lease, you share legal responsibility for rent and property damage, even if one roommate moves out or fails to pay their portion.
• If you are a subtenant, ensure you have landlord permission. The primary tenant remains responsible under the lease unless a new agreement is signed.
• Verbal agreements are risky. Always get arrangements in writing when possible.

Once you’ve signed a rental agreement, you are expected to comply with its terms. See more in What Tenants Need to Know After Signing the Rental Agreement.

Paying Rent and Dividing Bills

In co-tenant arrangements, the landlord can collect the full rent from any tenant. You are responsible as a group. To avoid conflicts:

• Set up a clear roommate agreement about who pays what and when.
• Keep receipts and records for all payments.
• Understand your rights – see Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Roommate Conflicts and Resolving Problems

Arguments over noise, chores, guests, or unpaid bills are common. While the Landlord and Tenant Board (LTB) handles disputes between tenants and landlords, it does not resolve conflicts between roommates. Roommate agreements, open communication, and mediation can help.

If a roommate is not on the lease, you may be able to ask them to move without going through the LTB. Always review the specifics of your situation before taking action.

If the shared rental has maintenance issues or repairs are needed, these are landlord responsibilities. For details see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Maintenance, Repairs, and Health & Safety

No matter your roommate arrangement, landlords are responsible for ensuring the rental meets health and safety standards. This includes timely repairs, pest control, and maintaining common areas. Tenants are entitled to safe, habitable housing under the law.

Moving Out: What Happens When a Roommate Leaves?

If a roommate moves out:

• Co-tenants: Remaining tenants are still responsible for the full rent.
• If the lease is ending, all tenants must agree to move out or provide notice together.
• Security deposit returns and cleaning responsibilities should be settled before moving.

See Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit for more on vacating a rental home in Ontario.

Key Forms for Ontario Tenants in Shared Housing

• Form N11: Agreement to End Tenancy – Use this when all tenants and the landlord agree to end the tenancy on a set date. This form is practical if all roommates want to move out at the same time. Download N11 from the Landlord and Tenant Board.
• Form N9: Tenant's Notice to End the Tenancy – If you are the only tenant on the lease or all tenants agree to move, fill out and provide this notice to the landlord. Download N9.
• Tenant Application (Form T2): For applying to resolve maintenance or rights issues with your landlord. Access T2 if you experience repair or service problems.

The Landlord and Tenant Board (LTB) is the tribunal that oversees rental housing disputes in Ontario.^[2]

Shared housing can be a positive experience with the right legal understanding and open communication. Before you sign a lease, consider reading the full Residential Tenancies Act, 2006 and connect with local tenant organizations if you have questions or encounter problems. You can also Search Canadian rentals with interactive map view to discover alternative housing options.

Frequently Asked Questions

1. Are all roommates equally responsible for rent in Ontario?
   Yes, if everyone’s name is on the lease, each tenant is collectively responsible for the entire rent. If one person does not pay, the landlord can seek payment from the other roommates.
2. Can a roommate be evicted by the landlord?
   Eviction procedures must follow Ontario law. If only one tenant is on the lease, the landlord may not have a direct relationship with the roommate. If the roommate is named on the lease, formal eviction via the LTB may apply.
3. What if my roommate damages the unit?
   The landlord can hold any or all tenants named on the lease responsible for damage. It is important to discuss and document these issues with your roommates in advance.
4. How can I remove a roommate who is not on the lease?
   If the roommate has no agreement with the landlord, and you are the leaseholder, you may be able to ask them to move out. Mediation is a recommended first step for addressing conflicts.
5. What rights do I have if I rent a room in my landlord’s home?
   If you share a kitchen or bathroom with the owner or their immediate family, you may not be protected by Ontario’s RTA. Your rights are then based on your agreement with the homeowner.

How To: Handle a Roommate Leaving Before Lease Ends

1. Check your lease agreement.
   See if your agreement allows roommates to move out or if it requires all tenants to remain until the end date.
2. Communicate with your landlord.
   Let your landlord know about your roommate's plans and seek advice about the next steps.
3. Consider finding a replacement roommate.
   Ask your landlord if you can add a new roommate to the lease or use subletting, with written permission.
4. Submit required forms if all tenants are moving out.
   Use Form N9 (Tenant's Notice to End the Tenancy) or Form N11 (Agreement to End Tenancy) if everyone agrees to end the tenancy early.
5. Document all communications and payments.
   This protects you in case of disputes about rent or damages.

Key Takeaways

• Understand your rights and responsibilities under the Residential Tenancies Act, 2006 before entering a shared housing arrangement.
• Formal written agreements with both roommates and landlords will help you resolve disputes and clarify expectations.
• Check your housing arrangement for RTA coverage, and seek help if you face unresolved issues.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) — File applications, download forms, and learn about your rights and obligations.
• Government of Ontario: Renting and your rights — Official guidance and online tools for tenants.
• Advocacy Centre for Tenants Ontario (ACTO) — Free legal information and support for tenants in Ontario.
• Review the Tenant Rights in Ontario resource for a summary of provincial protections and supports.

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1. Residential Tenancies Act, 2006 (Ontario)
2. Landlord and Tenant Board

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