Living with a roommate can save money, but when conflicts escalate and one person refuses to leave, renters in Ontario need clear, practical options. This guide explains how tenants in shared housing can address problem roommates without a landlord's direct involvement: how to check tenancy status, negotiate exits, document problems, and when to use mediation or the Landlord and Tenant Board. It covers common scenarios—nonpayment of shared bills, damaging property, or illegal behaviour—and outlines the paperwork and timelines tenants should follow to protect their rights. Written for non‑lawyers, the steps aim to help you act calmly and lawfully while preserving safety and housing stability.
Options for tenants when a roommate wont leave
When a roommate refuses to vacate, tenants should consider proportional, lawful options. Start with low-conflict steps and escalate only as needed. Below are typical approaches and what they generally accomplish.
- Negotiate a voluntary move-out and set a firm move-out date.
- Serve a written notice asking the roommate to vacate and state deadlines in clear language.
- Try mediation or a neutral third party to reach an agreement without filing a claim.
- Document problems with photos, logs, receipts and any relevant communication.
- If both people are named on the lease, you may apply to the Landlord and Tenant Board for assistance [1].
- If the roommate is an unlawful occupant, consider police assistance for trespass or a civil court claim for possession.
Check tenancy status first
Determine whether the roommate is a co-tenant (named on the lease) or an occupant without a tenancy agreement. Co-tenants have statutory protections under Ontarios Residential Tenancies Act, 2006 and disputes between co-tenants often fall under the Landlord and Tenant Board. If the roommate is not on the lease, different civil options may apply and the LTB may not have jurisdiction; for co-tenant situations see Tenant Rights and Landlord Rights in Ontario and for common conflict scenarios see Common Issues Tenants Face and How to Resolve Them.
When the Landlord and Tenant Board applies
The Landlord and Tenant Board (LTB) handles disputes under the Residential Tenancies Act, 2006 when both parties are tenants or when the landlord is party to the dispute. If you and your roommate are both on the lease, the LTB can hear applications for termination and possession, assess responsibility for unpaid rent, and order remedies. Always confirm jurisdiction with the LTB before filing an application [1].
Forms and official steps to consider
Key official resources are the Landlord and Tenant Board forms page and the Residential Tenancies Act, 2006. Use these to identify the correct application for your situation and follow filing instructions carefully.
- Application to the Landlord and Tenant Board (see the LTB forms list for the correct application type) example: an application for possession or to resolve responsibility for unpaid rent if both parties are tenants [1].
- Relevant legislation: Residential Tenancies Act, 2006 explains statutory rights and timelines that the LTB applies [2].
Practical example: if a roommate named on the lease stops paying their share and refuses to leave, document missed payments, serve a written request to pay or vacate, and then file the appropriate LTB application following the instructions on the LTB forms page [1].
FAQ
- Can I evict a roommate without the landlords involvement?
- If the roommate is a co-tenant on the lease, you can often ask the Landlord and Tenant Board to resolve the issue; if they are not on the lease you may need to negotiate, involve police for trespass, or bring a civil court claim. The right route depends on tenancy status and the facts.
- What evidence should I collect?
- Collect dated photos, messages, payment records, logs of incidents, witnesses names and receipts for damaged property; keep originals and backups to support mediation or legal steps.
- How long does it take to remove a roommate legally?
- Timelines vary: mediation can be weeks, LTB applications often take several weeks to months depending on backlog, and court proceedings similarly vary; act promptly and follow deadlines in any notices or filings.
- Can I change locks or shut off utilities to force someone out?
- No; changing locks, shutting off utilities, or other self-help evictions are usually illegal and can expose you to civil liability. Seek lawful remedies through negotiation, the LTB, or courts.
How-To
- Confirm whether the roommate is a co-tenant or an occupant and collect clear documentation of the issue.
- Communicate in writing: ask for a move-out date, set a deadline and keep copies of the message.
- Try mediation or a neutral third party to reach a voluntary agreement and record any settlement in writing.
- If mediation fails and both are on the lease, file the appropriate Landlord and Tenant Board application or seek civil remedies if the roommate is not a tenant [1].
- Enforce any final order through the proper enforcement process and, if needed, contact police when an order grants possession.
Key Takeaways
- First confirm tenancy status to know which forum can help.
- Document everything and use written notices before filing formal applications.
- Mediation is often faster and less costly than a tribunal or court hearing.
Help and Support / Resources
- Landlord and Tenant Board - Tribunals Ontario
- Residential Tenancies Act, 2006 - Ontario e-Laws
- Legal Aid Ontario - Tenant Services
