If you’re sharing a rental in Saskatchewan and your roommate wants to leave before the lease is up, it can cause confusion and stress. Many tenants wonder: What happens with the lease, rent, and responsibilities if a roommate moves out early? This guide explains your rights and practical steps to take if your roommate breaks the lease in Saskatchewan under the Residential Tenancies Act, 2006[1].
Understanding Roommate Agreements Versus the Main Lease
In Saskatchewan, rental agreements are legally binding contracts between tenants and landlords. Roommate agreements made just between the tenants aren’t covered by provincial rental laws, but the main lease is. Usually, roommates have either:
- Joint lease: Both (or all) roommate names are listed as tenants. Everyone is fully responsible for all lease terms.
- Individual lease: Each roommate has a separate agreement with the landlord (less common).
It’s important to know which applies to you, as this decides what happens if someone leaves. For a deeper understanding of landlord and tenant duties, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
If Your Roommate Moves Out Early: Your Rights and Options
When a roommate on a joint lease moves out before the lease expires:
- The lease continues: The remaining tenants are still responsible for the full rent and all other obligations.
- Rent must still be paid in full: Regardless of how you and your roommate split costs, the landlord can hold you responsible for the total amount.
- The security deposit (damage deposit): How this is handled depends on your agreement, but the landlord may only return the deposit at the end of the lease.
If you want to bring in a new roommate, you’ll typically need the landlord's written consent. The departing roommate may also need to give proper notice and complete the correct forms.
Steps If a Roommate Breaks the Lease
- Review your lease to understand if it’s joint or individual.
- Talk to your landlord as soon as possible. Explain the change and discuss potential options (e.g., finding a replacement roommate, re-signing the lease).
- Ask the departing roommate to give written notice. While not always required, it’s best to document their intent to leave.
- If allowed, help your landlord find a new approved tenant.
If all tenants want to end the lease early due to a roommate leaving, you must follow official termination procedures. More details on this are in How to Properly End Your Rental Agreement as a Tenant.
Forms and Official Steps for Tenants
In Saskatchewan, if you need to end your tenancy before the lease expires because your roommate is leaving, you may use the official tenant notice to vacate:
- Notice to Terminate a Periodic Tenancy by Tenant (Form 5) – For periodic (month-to-month) leases. You must give at least one full rental period’s notice.
Learn more and download from the official website: Form 5 at the Office of Residential Tenancies.
If you are on a fixed-term lease, it is more difficult to end the agreement early. The landlord is not required to allow a tenant to leave unless all parties agree or unless the tenant applies to the Office of Residential Tenancies (ORT) for permission to break the lease due to specific reasons (such as personal safety or other exceptional circumstances).
What If the Security Deposit Was Shared?
Security deposits are a common source of conflict when a roommate leaves. If both names are on the lease, the deposit usually stays with the landlord until the tenancy ends. To learn more about how deposits work, see Understanding Rental Deposits: What Tenants Need to Know.
Important: Notifying Your Landlord
If the departing roommate notifies the landlord or property manager, it’s best to keep all communication in writing. Remaining tenants should discuss whether everyone will stay, bring in someone new, or end the lease.
Working Out Issues with Your Roommate
Roommate conflicts aren’t governed by the ORT, but clear communication helps avoid misunderstandings. If you have trouble resolving deposit or rent issues between ex-roommates, sometimes mediation or legal advice is needed.
Looking for new rental options because your roommate left? Explore Houseme for nationwide rental listings, including apartments and shared accommodations in Saskatchewan and across Canada.
For more about your rights, see Tenant Rights and Landlord Rights in Saskatchewan.
FAQ: Roommates Breaking a Lease in Saskatchewan
- Is a roommate agreement legally binding in Saskatchewan?
Roommate agreements are private contracts between tenants and are not covered by the Residential Tenancies Act, 2006 – only the main lease between landlord and tenants is legally enforceable at the Office of Residential Tenancies. - What should I do if my roommate leaves but I want to stay?
Inform your landlord, continue to pay full rent, and ask if you can add a new roommate to the lease. The landlord must approve new tenants in writing. - Can I end my lease early because my roommate left?
If you’re on a fixed-term lease, you generally can’t end the lease early unless the landlord agrees or you have grounds to apply for early termination at the ORT. For periodic leases, you can give proper notice. - Who is responsible for damages if a roommate leaves early?
On a joint lease, remaining tenants are still responsible for any unpaid rent or damages, even if caused by the departing roommate. - How is the security deposit handled when a roommate moves out?
The landlord usually keeps the deposit until all tenants vacate. Arrangements to split the deposit or repay it between roommates are usually handled privately.
Conclusion: Key Takeaways
- If your roommate leaves early, you must keep following the lease terms. The landlord may hold you responsible for the full rent.
- Always communicate changes in writing and speak to your landlord about adding new roommates or ending the lease.
- Use official forms and, if needed, contact the Office of Residential Tenancies for help.
Roommate situations can be stressful, but understanding your rights and responsibilities will help you navigate these changes smoothly.
Need Help? Resources for Tenants
- Office of Residential Tenancies (ORT) – Official government body handling tenancy disputes in Saskatchewan
- Government of Saskatchewan: Renting and Leasing – Tips and guides for tenants
- Saskatchewan Landlord and Tenant Support Centre – Phone: 1-888-215-2222, for legal information and referrals
- Public Legal Education Association of Saskatchewan (PLEA) – Practical tenant and roommate legal info
