When a roommate suddenly abandons your shared rental in Prince Edward Island—whether by moving out unexpectedly, leaving their belongings behind, or simply disappearing—it can cause confusion and stress. Understanding your rights and responsibilities under PEI law is essential to protecting yourself and maintaining a positive rental record, especially when sharing a home or apartment.
Understanding Roommate Abandonment in PEI
Roommate abandonment happens when one tenant leaves the rental without notice and stops paying their share of the rent, without formally ending their part of the rental agreement. In Prince Edward Island, this creates challenges for both remaining tenants and landlords, as all co-tenants listed on the lease are often jointly responsible for rent and damages.
What Is Considered Abandonment?
- No formal notice given to the landlord or housemates
- Roommate stops paying rent and removes most or all personal items
- Roommate has not returned for a reasonable period and can't be contacted
PEI’s Rental of Residential Property Act governs these situations[1]. However, there’s no specific provision for roommate arrangements—it depends heavily on the lease.
Who Is Responsible for Rent and Damages?
In most roommate situations, if everyone signed the same lease, all tenants are jointly and severally liable. This means you may be legally required to pay the full rent if your roommate leaves—even their share. The landlord can pursue any or all listed tenants for unpaid rent or damages.
- If you and the departed roommate both signed the lease: You’re both liable to the landlord.
- If you have a sublet or informal arrangement: Legal responsibility may be less clear, but you are usually responsible for your own agreement with the landlord.
What Should You Do If a Roommate Abandons the Unit?
Taking prompt action can help protect your tenant rights and minimize financial risk:
- Contact your landlord in writing and describe the situation.
- Ask if you can find a replacement roommate or if you need to take on the entire lease.
- Document the abandoned roommate’s belongings and their condition with photos.
- Do not dispose of your roommate's possessions without proper legal notice. The landlord must follow PEI regulations before removing or disposing of abandoned property.
For detailed information on shared leases, responsibilities, and what happens when agreements change, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Ending or Changing the Lease
If you wish to end the lease or change the names on the agreement due to a roommate’s abandonment, notify your landlord as soon as possible. You may need to formally terminate the tenancy or assign/sublet the unit. PEI law outlines the proper procedures for ending or transferring tenancies.
- If you want to move out: Give written notice as required under the Rental of Residential Property Act.
- If you want a new roommate: Get landlord approval and have them sign the lease.
- When deposits are involved: Deposits are typically not refunded until all tenants leave unless the landlord agrees to update the agreement. For more, see Understanding Rental Deposits: What Tenants Need to Know.
You can also read about steps to take if you plan to move out before the lease ends in What to Do If You Need to Leave Your Rental Before the Lease Expires.
Official PEI Forms and How to Use Them
- Form 6 – Notice by Tenant to Terminate a Rental Agreement:
Use this form to officially notify your landlord if you intend to end your tenancy. For example, if your roommate left and you cannot afford the rent alone, submit this form with correct notice periods.
Form 6 Download and Info - Form 4 – Rental Unit Condition Report:
Record the condition of the unit when your roommate leaves to prevent disputes over damage. This is especially important when wanting your deposit back.
Form 4 Download and Info
Support from the PEI Residential Tenancy Office
If you can’t reach an agreement with your landlord or need help, you can contact the PEI Residential Tenancy Office. This is the official government body that resolves landlord-tenant disputes and provides information all over Prince Edward Island.
For complete details on rights and obligations unique to PEI, see Tenant Rights and Landlord Rights in Prince Edward Island.
Looking for a new place or considering shared housing again? Explore rental homes in your area – Houseme offers listings Canada-wide with helpful search tools for finding compatible roommates and affordable homes.
Frequently Asked Questions
- What happens if my roommate leaves but our names are both on the lease?
You are still responsible for paying the full rent to the landlord. The landlord may pursue either or both of you for unpaid amounts. - Can I remove my roommate’s belongings right away?
No. Abandoned property laws in PEI require the landlord to notify the former roommate and safely store the items for a set period before disposing of them. - How do I formally end my tenancy if I want to leave after my roommate has abandoned the unit?
Use Form 6 (Notice by Tenant to Terminate a Rental Agreement) and provide written notice equal to the legal notice period for your tenancy type. - Will I get my portion of the damage deposit back if my roommate abandons the unit?
Usually, deposits are returned only when all tenants move out. You may need to negotiate with your landlord or wait until the agreement ends. - Where can I get help if my landlord or roommate won’t cooperate?
The PEI Residential Tenancy Office can provide guidance or mediate disputes between tenants and landlords.
Key Takeaways for Roommates in PEI
- Joint leases in PEI mean remaining tenants may be liable for all rent if a roommate abandons the unit.
- Always notify your landlord promptly, document everything, and follow PEI’s official forms to protect your rights.
- Seek support from the Residential Tenancy Office if you need assistance or cannot resolve a dispute.
Need Help? Resources for Tenants
- PEI Residential Tenancy Office – Information and dispute resolution
- Rental of Residential Property Act (PEI) – Full provincial legislation
- Tenant Rights and Landlord Rights in Prince Edward Island – Summary of key rights and responsibilities
