Are You Responsible if Your Roommate Doesn’t Pay Rent in PEI?

Living with roommates in Prince Edward Island is common and often economical. But what happens if your roommate falls behind or refuses to pay their portion of the rent? This guide explains your responsibilities, what the law says, and the practical steps to take if you’re in this situation.

Understanding Roommate Arrangements in PEI

Roommate situations can be complicated under PEI rental law. The difference between being a ‘co-tenant’ or a ‘subtenant’ determines your legal liability:

• Co-Tenant: Each person is named on the lease or rental agreement.
• Subtenant: One tenant rents to another, with only one person on the original lease with the landlord.

If both you and your roommate signed the lease, you are usually co-tenants and share full responsibility for the rent. If only one of you is on the lease, the official tenant remains responsible to the landlord, and may have a separate agreement with the roommate (subtenant).

Who Pays if Your Roommate Doesn’t?

Under PEI law, when you sign a lease together, you are generally considered "jointly and severally liable." This means the landlord can ask any one of the tenants on the lease for the full amount of unpaid rent, regardless of who failed to pay their portion. If only your roommate is named on the lease, your responsibility changes.

Practical Example

If your total rent is $1,200 and your roommate only pays $300 of their $600 share, your landlord can require you to pay the remaining $300—to cover the full $1,200 due. You would then have to seek repayment from your roommate privately.

Relevant Forms and Official Bodies

Residential tenancies in Prince Edward Island are regulated by the Island Regulatory and Appeals Commission (IRAC) Rental Office. Their office manages landlord-tenant disputes, including rent arrears and shared housing issues.

• Application to Determine a Dispute (Form 4A): Use this form to ask IRAC to settle disputes about rent responsibility or non-payment. For example, if your roommate leaves without paying, and the landlord pursues you for the unpaid balance, you may submit this form to clarify or dispute your liability. View the official Form 4A on PEI’s IRAC website.
• Notice of Termination (Form 4): This is used by a landlord to end a tenancy for non-payment of rent. If your roommate’s actions cause the rent to be late or unpaid, you could both receive this notice as co-tenants. Access Form 4 and more details at IRAC.

All tenancy rules are set out in the Rental of Residential Property Act.¹

What Should Tenants Do if a Roommate Isn’t Paying?

• Talk to your roommate. Try resolving directly, as soon as possible.
• Inform the landlord if payment will be late (unless you can cover the shortfall).
• Keep all records (messages, receipts, agreements).
• If the problem continues, you may need to formally end the tenancy or apply to IRAC to resolve the dispute.

For more on your ongoing responsibilities and what happens after you sign a rental agreement, see What Tenants Need to Know After Signing the Rental Agreement.

If You Need to Move Out

Sometimes, ongoing problems with a roommate may lead you to end your part of the tenancy. Make sure you follow the required notice periods under PEI law and provide written notice to both your landlord and roommate.

To ensure a smooth transition when leaving a rental shared with roommates, check out Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Tips to Avoid Roommate Rent Issues

• Have everyone sign the rental agreement whenever possible.
• Consider a written roommate agreement about shared responsibilities and payments.
• Set up automatic rent transfers or reminders.
• Know your rights: Review Tenant Rights and Landlord Rights in Prince Edward Island.

You can also Explore Houseme for nationwide rental listings if you’re searching for shared or solo accommodations elsewhere in Canada.

Frequently Asked Questions

1. Can my landlord evict me if my roommate doesn't pay their share?
   Yes, if the total rent is unpaid, your landlord can issue a notice of termination to all tenants listed on the lease, even if only one person failed to pay.
2. Am I legally responsible for my roommate’s unpaid rent in PEI?
   If you are a co-tenant named on the lease, you are jointly responsible for the full rent. Subtenants not on the lease have different obligations.
3. How can I resolve a dispute about unpaid rent with my roommate?
   Try direct communication first. If unresolved, you can apply to IRAC using the Application to Determine a Dispute (Form 4A).
4. What should I do if my roommate moves out suddenly?
   Notify your landlord immediately and review your lease. You may be liable for the full rent. Consider finding a replacement roommate or ending the tenancy properly.
5. Where can I learn more about PEI tenant rights?
   Read Tenant Rights and Landlord Rights in Prince Edward Island for detailed guidance.

Summary and Key Takeaways

• If you and your roommate are both on the lease, you share responsibility for the full rent.
• You may apply to PEI’s IRAC for dispute resolution if left with unpaid rent.
• Proper documentation, open communication, and written agreements help prevent conflicts.

In short, understand your legal position, know the provincial rules, and take action early when rent issues arise with roommates.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) Rental Office – rental forms, guidance, dispute applications
• Contact the Rental Office – phone, email, and location information
• Tenant Rights and Landlord Rights in Prince Edward Island
• Local tenants’ associations (e.g., PEI Tenant Advocacy) for support and peer assistance

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1. Read the Rental of Residential Property Act (PEI)
2. Island Regulatory and Appeals Commission (IRAC) Rental Office – Official Website
3. Download forms from the PEI Rental Office

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