What Happens When a Roommate Breaks Lease in PEI?

If your roommate unexpectedly moves out or breaks the lease in Prince Edward Island (PEI), you may feel anxious about your own rights, responsibilities, and what steps to take next. Understanding how shared leases work and what the PEI laws say can help you make confident decisions during this stressful time.

Roommates & Shared Housing in PEI: The Basics

In PEI, rental housing arrangements with roommates usually fall under one of two types:

• Co-tenancy: All roommates are on the lease and share equal responsibility for rent and damages.
• Subtenancy or Boarder Arrangements: Only one tenant is on the lease (the primary tenant), and the others are subtenants or boarders without a direct agreement with the landlord.

If your name appears on the lease with your roommate, you are jointly and severally liable. This means you’re each responsible for the full rent—if one person leaves, the remaining tenant(s) can be held responsible for the entire balance.

What Happens When a Roommate Moves Out Early?

When a roommate ends their part of the lease early (with or without notice), several outcomes are possible:

• You may be responsible for the full rent if your name is on the lease.
• You may need to find a replacement roommate or negotiate a new agreement.
• The landlord is not required to change the lease or reduce the rent just because one roommate left.

In cases where only one tenant signed the lease, and your name isn’t on it, the legal responsibilities will look different—mainly, the named tenant remains responsible to the landlord.

Official Oversight and Legislation

All landlord-tenant matters in PEI are managed by the Director of Residential Rental Property, Department of Justice and Public Safety. The main law is the Rental of Residential Property Act (PEI)^[1].

Key Steps if Your Roommate Breaks the Lease

• Check your lease agreement for terms about breaking the lease or who is legally responsible.
• Communicate with your landlord as soon as possible.
• Decide whether you want to remain or end the tenancy (you may have options).
• Consider finding a new roommate to help share the rent.
• If you wish to end your tenancy entirely, follow proper notice rules (see below).

If the departing roommate is also listed on deposits, damages, or shares utilities, consult your landlord and document all communications.

Important PEI Forms When Handling Roommate Departures

• Form 4 - Notice of Termination by Tenant:
  Use this form if you wish to end your own tenancy. It must be given to the landlord with proper notice (usually one month for month-to-month leases).
  Download PEI Form 4.
  Example: If covering both your share and your roommate’s share isn’t possible, you might decide to give notice and move out lawfully.
• Form 2 - Application by Landlord or Tenant:
  Used if disputes arise (e.g., over deposits, property damages, or rent owed).
  Get PEI Form 2.
  Example: If you’re left solely responsible for damages you didn’t cause, you may use this form to seek a hearing.

Always keep a copy of all submitted forms and written records with your landlord and former roommate.

Who Recovers the Rental Deposit?

Rental deposits can be tricky when roommates split. If you and your roommate both paid a deposit, it’s usually returned at the end of the lease to all named tenants on the agreement. The landlord is not obliged to “return” half a deposit if just one tenant leaves; any split is your responsibility to resolve between roommates. For more information, see Understanding Rental Deposits: What Tenants Need to Know.

Ending or Changing a Lease after a Roommate Leaves

If you want to end your own tenancy after your roommate leaves, serve notice according to your lease and PEI law (typically in writing, using Form 4). To stay and add a new roommate, discuss with your landlord if they require screening or a new lease altogether. Always get any new agreement in writing.

For tips on moving out wisely and returning the property in good condition, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit.

Financial Responsibility and Rent

If you stay, you are still responsible for the full rent. The landlord may pursue any named tenant(s) for unpaid rent or damages. For ongoing payments, review Tenant's Guide to Paying Rent: Rights, Responsibilities, and Tips.

Tip: If your roommate left with little warning or without paying their share, document all communications. If the total rent isn’t paid, landlords can issue a Notice of Termination.

For a full overview of local tenant and landlord rights, visit Tenant Rights and Landlord Rights in Prince Edward Island.

You can also Find rental homes across Canada on Houseme if you are looking for a new place or wish to start fresh after your shared rental experience.

FAQ: Roommate Breaks Lease in PEI

1. What happens if my roommate leaves without notice?
   If you are both on the lease, you are still responsible for the full rent. You should communicate with your landlord to discuss your options and consider finding another roommate or ending your own tenancy properly.
2. Can I force my landlord to find a replacement roommate for me?
   No. In PEI, the landlord is not required to find you a new roommate. It is your responsibility to do so or to negotiate a new lease if you wish to stay.
3. How do I protect my share of the rental deposit if my roommate leaves?
   Rental deposits are only returned when the entire lease ends. Arrange any deposit division with your former roommate directly. The landlord will return the deposit as per the original agreement at tenancy end.
4. What forms do I need if I want to end my tenancy after my roommate leaves?
   You should submit PEI Form 4 (Notice of Termination by Tenant) to your landlord, ideally as soon as you’ve made the decision. Follow notice periods as required by your lease and PEI law.

Conclusion: Key Takeaways for PEI Tenants

• When a roommate breaks the lease, remaining tenants may be fully responsible for rent and damages.
• PEI law requires you to give proper notice with official forms if you want to move out.
• Always communicate openly with your landlord and keep written records of all agreements and communications.

You have options—know your rights and don’t hesitate to seek help if you’re unsure how to proceed.

Need Help? Resources for Tenants

• Director of Residential Rental Property, PEI: Tenancy information, forms, and guidance
• PEI Housing Services: Tenant support, dispute guidance, and affordable housing assistance
• Community Legal Information (PEI): Free tenant advice and information

---

1. Rental of Residential Property Act (PEI) – Read Official Legislation

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy