What to Do If Your Roommate Leaves a Rental in Saskatchewan

Roommate arrangements can become challenging, especially if someone leaves unexpectedly. If your roommate abandons your shared unit in Saskatchewan, it can affect your legal and financial responsibilities, often leaving you uncertain about next steps. Knowing your rights and obligations under provincial tenancy law is essential for navigating this stressful situation.

Understanding the Legal Status of Roommates in Saskatchewan

Roommate situations fall into two broad categories:

• Co-tenants: Both (or all) roommates have signed a lease agreement directly with the landlord. Each person is jointly responsible for rent and damages.
• Subtenants or Unregistered Roommates: Only one roommate signed the lease and others rent from them, not the landlord.

Your legal options depend on which of these applies. Most commonly, roommates in Saskatchewan are co-tenants, so everyone on the lease is liable if one person leaves.

Steps to Take if a Roommate Abandons the Unit

Roommate abandonment is when someone permanently leaves the rental without notice and without properly ending their legal obligations. Here’s what you should do:

• Confirm the abandonment. Make reasonable attempts to contact your roommate. Ensure they have not just temporarily left the rental.
• Notify the landlord in writing. Advise your landlord as soon as you are aware the roommate has left.
• Document the situation. Keep a written record of the date you learned about the abandonment, your conversations, and any relevant contact attempts.

• Review your rental agreement. Check whose names are on the lease and what it says about joint and several liability. In most Saskatchewan rentals, all tenants on the lease remain responsible for full rent.
• Talk to your landlord about your options if you cannot afford the rent alone. Sometimes, landlords allow you to find a new roommate or add a new co-tenant to the agreement.

If you need to end your rental agreement properly, there are specific rules under Saskatchewan law that you must follow even after abandonment.

Your Rights and Responsibilities

Under the Residential Tenancies Act, 2006 (Saskatchewan), tenants named on the lease are collectively responsible for:

• Paying all rent and charges (even after one roommate leaves)
• Maintaining the condition of the unit
• Following all terms of the lease

If your roommate leaves without notice, you are still responsible for full rent. You may also owe the landlord for damages or unpaid bills.

If your lease is periodic (month-to-month or week-to-week), you can end your tenancy following legal notice rules. If your lease is fixed-term and you want to leave, all tenants usually need to agree to end early—otherwise, everyone remains liable until the term expires or the landlord mutually agrees to end the lease. For more on this, see Tenant Rights and Landlord Rights in Saskatchewan.

Official Forms and How to Use Them

When facing roommate abandonment, one or more of these forms may be helpful:

• Notice to Vacate (Form 6): If you and your remaining roommates decide to vacate the rental, use this form to give proper written notice to your landlord.
  Practical example: If your fixed-term lease is ending or your agreement allows, all remaining tenants should sign and deliver Form 6 to give legal notice.
  Download Notice to Vacate Form 6 from the Office of Residential Tenancies
• Application for an Order (Form 5): If you need to resolve a dispute (for example, you believe your roommate has abandoned the unit and want official recognition), you can apply to the Office of Residential Tenancies (ORT).
  Practical example: You might use Form 5 if you want to ask the ORT to officially terminate your roommate's liability or remove their name from the lease.
  Access Form 5 here (Office of Residential Tenancies)
• Agreement to Amend or End a Tenancy (Form 12A): If the landlord and all remaining tenants agree, you can use this form to add or remove tenants, or to end the tenancy by mutual consent.
  Practical example: If you want to add a new roommate or officially remove the person who left, sign Form 12A with your landlord's agreement.
  Get Form 12A from the ORT website

Always follow the Office of Residential Tenancies’ rules for completing and submitting forms. The Office of Residential Tenancies (ORT) is the official tribunal for resolving rental disputes in Saskatchewan.

Can I Find a Replacement Roommate?

Many landlords in Saskatchewan allow remaining tenants to propose a replacement roommate. This often requires the landlord’s permission and may involve a new lease or an addendum. The new roommate will usually need to complete an application and be approved by the landlord.

For tips about protecting your interests as a tenant, and preparing for the move-in process, see Essential Tips for Tenants When Moving Into a New Rental Home.

Who Gets the Rental Deposit Back?

The rental deposit (security deposit) typically remains with the landlord until the tenancy ends for all parties. If one roommate leaves, the landlord doesn’t have to release part of the deposit. Divide the deposit or compensation for any damages among yourselves—it’s considered a private matter. For more information, Understanding Rental Deposits: What Tenants Need to Know can help.

Real-Life Scenarios

• Case 1: If a co-tenant abandons the unit but you want to stay, you must continue to pay the full rent or risk eviction.
• Case 2: If you and your remaining roommates decide you cannot afford the unit, serve notice as required by law to avoid further liability.

Unplanned roommate departures can be stressful, but Saskatchewan tenancy laws provide steps and resources to guide you.

If you’re searching for a new place or a replacement roommate, Explore Houseme for nationwide rental listings to help find your next home or shared housing opportunity anywhere in Canada.

FAQ: Roommate Abandonment in Saskatchewan

1. What should I do first if my roommate suddenly leaves?
   Try to contact them, document everything, and inform your landlord in writing as soon as possible.
2. Am I responsible for my abandoned roommate’s share of the rent?
   Yes, if both of you are on the lease, you are jointly responsible for the full rent until the tenancy ends or the landlord relieves you of the obligation.
3. Can I get my portion of the security deposit back if my roommate moves out?
   No, the landlord usually keeps the entire deposit until the tenancy ends for all. Roommates must settle deposit disputes between themselves.
4. How do I legally remove a roommate’s name from the lease?
   The landlord must agree, and you typically need to sign a new lease or an amendment such as Form 12A through the Office of Residential Tenancies.
5. Where can I get help if my landlord threatens eviction due to abandonment?
   You can apply for dispute resolution through the Office of Residential Tenancies and get information on tenant support services listed below.

Need Help? Resources for Tenants

• Office of Residential Tenancies (ORT): Official tribunal for rental disputes and forms (toll-free: 1-888-215-2222).
• Tenant Information – Government of Saskatchewan: Guides for tenants, legal information, and links to support services.
• Tenant Rights and Landlord Rights in Saskatchewan: In-depth provincial tenant rights facts and FAQs.

1. Saskatchewan Residential Tenancies Act, 2006 – Full legislation text
2. Office of Residential Tenancies (ORT) – Official government website
3. Saskatchewan rental forms – Official forms directory (ORT)
4. Landlord and Tenant Information – Government information for tenants