Sharing Your Apartment With Roommates

Are you among the many individuals in Ontario who share accommodations with roommates? The number of households with roommates in Canada has increased by approximately 54% since 2001, making it the fastest-growing household type. In Ontario, there are various types of co-living arrangements available, but determining which category you fall into can be challenging. Here, we outline some of the most common roommate arrangements in Ontario:

1. Joint Tenants

Description:

Joint tenancy is the most prevalent co-living arrangement employed by landlords when renting to two or more adults.

Considerations:

All tenants can be subject to eviction for violating tenant obligations, such as rent arrears or property damage. If there is unpaid rent or other dues to the landlord, all tenants listed on the lease may be held jointly responsible for settling the entire amount. Even if you and your roommates agreed to split the expenses, you can still be held accountable if you paid your share and your roommates did not.

2. Tenants in Common

Description:

In this arrangement, two or more tenants share the same living space, but each has separate leasing agreements. Each roommate pays their rent individually to the landlord.

Considerations:

Unlike joint tenancy, if one tenant fails to pay their portion of the rent, the landlord can only hold that specific tenant accountable. Landlords may find it challenging to manage these types of lease agreements and often prefer joint tenancy agreements.

3. Tenant/Occupant

Description:

Occupants are individuals who consider the unit their primary residence but are not listed on the lease, unlike tenants. Therefore, they are not formally responsible for paying rent to the landlord; only those listed as tenants on the lease are obligated to pay. They may have an arrangement to contribute to the tenant's rent.

Common examples of occupants include spouses (married or common-law) and children. Anyone can become an occupant based on the leasing agreement and landlord permission. Children under 18 who are dependents of the tenant are occupants by default.

Considerations: Since occupants may not be covered by the lease, they often have limited rights or control over their living arrangements. Occupants cannot raise issues with a tenant or landlord at the Landlord and Tenant Board. If a tenant is evicted, the occupant must vacate as well. Tenants are solely responsible for paying rent to the landlord, but they can choose to split it with an occupant as agreed upon in a separate contract. In cases where the occupant rents from the tenant, it is advisable to create a contract. If the terms of the agreement are violated, the occupant can take the tenant to court, with the case decided based on contract law rather than the Residential Tenancies Act (RTA). Sometimes, tenants are incorrectly categorized as occupants, so it's crucial to understand your legal protection. If you're unsure whether you're a tenant or occupant, seek legal advice.

RTA-exempt Arrangements

Description:

RTA-exempt agreements involve property occupancy arrangements where the terms are determined solely by the contract in place. Examples include living with the landlord, a landlord's family member, residing in student housing, hotels, motels, or vacation homes.

Considerations:

RTA-exempt agreements do not need to adhere to rent control guidelines, and eviction timelines specified in the RTA may not apply. If you're in an RTA-exempt agreement, you cannot seek legal action against your landlord at the Landlord and Tenant Board, but you can take them to court for contract breaches, with the case evaluated under contract law rather than the RTA.

Understanding your specific roommate agreement and legal standing can be unclear. It's vital to know your legal position to protect yourself adequately. We recommend seeking legal advice for more information and guidance tailored to your situation. If you want to learn more about your rights as a renter, ACTO has developed tip sheets and guides that can be accessed here.