Understanding who remains liable
Leases can be joint, several, or individual. If you and the deceased signed a joint lease, remaining tenants usually continue to be responsible for rent and obligations under the lease unless the landlord agrees otherwise. If the deceased was the only named tenant in a rooming situation, their estate may be responsible for unpaid rent for the period they remained a tenant. Always check your written rental agreement and communicate with the landlord in writing.
Immediate practical steps
- File a written notice to your landlord explaining the situation and whether you intend to remain in the unit or vacate.
- Contact the estate executor or family to learn plans for the deceased's belongings and any outstanding rent or keys.
- Pay your portion of rent on time to avoid arrears and potential eviction while matters are sorted.
- Document the unit with photos and keep records of communications, receipts, and a list of the deceased's items.
Deposits and the deceased tenant's belongings
Security deposits held by the landlord may be claimed against unpaid rent or damage. If the deposit was paid by the deceased tenant and you believe you are entitled to a portion, discuss this with the landlord and, if needed, the estate representative. Do not dispose of the deceased person's belongings without written permission from the estate or executor — doing so can create legal liability.
Ending the tenancy or replacing a tenant
When a roommate dies you or other tenants may want to end the tenancy or add a new roommate. Options include negotiating an early termination with the landlord, finding a replacement approved by the landlord, or continuing under the existing lease. If the landlord seeks to end the tenancy, they must follow Saskatchewan rules for termination and serving notices; tenants must respond within the stated deadlines to protect their rights.[1]
Disputes and applying to the Office of Residential Tenancies
If there's a disagreement about unpaid rent, deposits, or possession of belongings you can apply to Saskatchewan's Office of Residential Tenancies for dispute resolution. Common applications include claims for unpaid rent, return of deposits, and orders for possession. File the application promptly and attach your evidence: copies of the lease, payment records, photos, and communications. Typical action steps are listed below.
- File an application with the Office of Residential Tenancies to start dispute resolution and request a hearing.
- Gather documents: lease, receipts, correspondence, photos and an inventory of the deceased tenant's items.
- Attend any scheduled hearing and bring originals or certified copies of key documents.
Lease wording to watch for
Review clauses about joint and several liability, subletting, early termination, and notice periods. If the lease is ambiguous about who remains responsible after a tenant dies, keep written records of all communications and consider filing for a decision with the Office of Residential Tenancies.
Sample communication template
Start with a short written notice to the landlord: state the date of death, who will remain in the unit, contact details for the estate if applicable, and whether you plan to vacate or continue the tenancy. Save a copy and send it by email or registered mail.
When to get legal or financial help
If the estate is insolvent, disputed belongings are at issue, or there are complicated claims for rent arrears, talk to a legal aid clinic or a lawyer experienced in estates and landlord-tenant law. Community legal clinics or tenant advice services can help low-income renters prepare documents and apply to the Office of Residential Tenancies.
FAQ
- Who is responsible for rent after a roommate dies?
- If the lease lists multiple tenants jointly, remaining tenants remain responsible for rent. If the deceased was the only named tenant, the estate may be liable for unpaid rent for the period they were a tenant. Contact the landlord and document conversations.
- Can the landlord enter the unit to remove belongings?
- No. A landlord should not remove or dispose of the deceased tenant's belongings; the estate or executor has rights to those items. Notify the landlord in writing about who will handle collection and when.
- How do I get a security deposit back if a roommate paid it?
- Discuss with the landlord and the estate executor. If the landlord refuses to return the deposit without cause, you can apply to the Office of Residential Tenancies for an order to recover the deposit or a portion of it.
How-To
- Write and send a dated notice to the landlord explaining the death, your intentions, and contact details for the estate.
- Photograph the unit and make an itemized list of the deceased tenant's belongings to preserve evidence.
- Contact the estate executor or family to coordinate possession and any outstanding bills.
- Continue paying your share of rent until the tenancy status is legally resolved or you have an agreed termination.
- If a dispute arises, file an application with the Office of Residential Tenancies, attaching all supporting documents.
- Attend any hearing and follow the decision or order issued by the tribunal.
Key Takeaways
- Check your lease to see whether liability is joint or individual and keep written records.
- Notify the landlord and the estate promptly and communicate in writing.
- Use the Office of Residential Tenancies if disputes over rent, deposits, or belongings cannot be resolved.
