Living with a roommate who won’t pay rent, breaches the lease, or disrupts your home can be stressful. If you rent in Prince Edward Island, knowing the legal steps can help protect your rights and avoid informal actions that could backfire. This guide explains, in plain language, how to assess whether you can remove a roommate, which notices and forms apply, how to document problems, and when to file with the provincial residential tenancies office or tribunal. It also covers practical tips for preserving evidence, communicating safely, and seeking legal advice or mediation when needed. Use these steps to act fairly, meet deadlines, and keep your tenancy secure.
Who can remove a roommate?
If you share the lease as joint tenants, you cannot unilaterally evict a co-tenant; the landlord and the residential tenancies office must be involved. If someone is a subtenant or an unauthorized occupant, the primary tenant may have options under the lease and provincial rules. Always check your rental agreement and speak with your landlord before taking steps.
Common legal reasons to remove a roommate
- Non-payment of rent or consistent late payments
- Serious breach of the lease like illegal activity or damage
- Safety risks, harassment, or threats to other tenants
Notices and forms
In Prince Edward Island you may need to serve a written notice to the roommate or landlord depending on your situation. Use the provincial notice templates and follow the timelines set out in the legislation[2]. If the landlord must terminate the tenancy, they will use official termination notices and can file with the residential tenancies office or tribunal[1].
- Written notice to the roommate explaining the problem and a clear deadline to fix it
- Notice to Terminate Tenancy (use official provincial form when required)
- Application to the Residential Tenancies Tribunal to request an order if issues are unresolved
Documentation to gather
Good evidence makes cases clearer for both parties and the tribunal.
- Copies of your lease and any written rules about guests or subletting
- Receipts showing rent payments or arrears, and bank records where relevant
- Photos, text messages, emails, and a dated log of incidents
Talk to your landlord about the issue and reference landlord and tenant obligations when relevant. For an overview of expected duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
When to involve the Residential Tenancies office
If informal steps and written notices do not resolve the problem, file with the provincial residential tenancies office or tribunal to request an order. The tribunal handles disputes about eviction, rent arrears, and breaches of tenancy rules[1]. You may be asked to attend a hearing and present your evidence.
To find replacement housing or advertise a vacancy while maintaining compliance, consider using a national listing service like Explore Houseme for nationwide rental listings to reach prospective tenants quickly.
FAQ
- Can I change the locks to remove a roommate?
- No. Changing locks without proper authority or a tribunal order may be illegal and could amount to an illegal eviction. Seek the tribunal's direction before changing locks.
- Do I have to go to a hearing to evict a roommate?
- Often yes. The tribunal may require a hearing so both sides can present evidence before an eviction order is issued.
- Will asking a roommate to leave affect my lease?
- It can. If you are on a joint lease, the landlord's obligations and the status of the tenancy remain governed by the lease and provincial rules.
How-To
- Serve a clear written notice to the roommate describing the issue and a deadline to fix it
- Gather supporting evidence: receipts, messages, photos, and an incident log
- If unresolved, file the appropriate application with the residential tenancies office and include copies of your documents
- Attend the tribunal hearing and present your case calmly; bring originals and copies of all evidence
- If you receive an order, follow its instructions or contact the office for clarification and next steps
Key Takeaways
- Always begin with written notices and documentation before seeking tribunal help.
- Record payments, incidents, and communications to support your position.
Help and Support / Resources
- Residential tenancies information — Government of Prince Edward Island
- Residential Tenancies Act and forms — Justice and Public Safety
- Tenant Rights and Landlord Rights in Prince Edward Island
