You’re a tenant thinking I’ll just find someone on Facebook Marketplace - what’s the worst that could go wrong?! 

A lot. 

I mean, they might end up not paying their portion of the rent or worse, they keep their toilet seat up when all you want is for it to stay down each time after use  - are you okay with that?

In this video, I’ll walk you through the details so you know the basics before you decide to LIVE WITH SOMEONE and SHARE RENT RESPONSIBILITIES.

You might be married, in a partnership, or you might have just met yesterday - I don’t judge, I just want to share knowledge with you. I got your back.

My name is Weiting Bollu, I am the CEO of Openroom.ca where the tenancy disagreements end up at court and my team collects these court orders across Canada to make them publicly searchable for you to make a decision on who you rent to and who you rent from. 

And you bet I’ve read enough orders around roommates disasters.

Let’s take a step back: In Ontario, the Residential Tenancies Act (RTA) governs the relationship between landlords and tenants, but not every person living in a rental unit is considered a “tenant.” 

When someone takes on a roommate, the legal rights and responsibilities are different, and misunderstanding these differences can lead to conflict, unpaid rent, or even eviction.

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Who Is a Tenant? 

A tenant is someone who has a direct agreement with the landlord to rent a unit. 

A tenant:

• Signs a lease or rental agreement with the landlord.
• Pays rent directly to the landlord.
• Has rights under the RTA, including notice requirements, privacy protections, and the right to use the Landlord and Tenant Board (LTB) to resolve disputes.

The RTA applies to tenants and landlords only.

There are scenarios where you are the primary and you look for a ‘roommate’ to share the lease agreement with. 

Quick differentiation:

• If your name is the only one on the lease, you are responsible for the lease agreement terms. It’s almost like you’re the quasi-landlord to your roommate.
• If both of your names are on the lease, you are both responsible for the lease agreement terms and your BOTH considered tenants. But just hold on, let me share more with you.

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Who Is a Roommate And Not Covered by the RTA?

A roommate is someone who shares the rental unit with the tenant, but does not have a direct agreement with the landlord. 

A roommate:

• Pays their rent to the tenant.
• Has no legal relationship with the landlord.
• Is not protected by the RTA.

This makes the legal relationship a private contract between the tenant and the roommate, not between the roommate and the landlord. Because the RTA does not apply, disputes cannot be taken to the LTB. Instead, conflict is handled through the civil court system or by removing the roommate according to the agreement in place.

It is important for the tenant not to talk about ‘tenant rights’ to the roommate. Specifically, the roommate must pay rent to the tenant and not the landlord, and the roommate must request maintenance or parking, etc. to the tenant and not be permitted to go directly to the landlord for services.

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How a Tenant Can Protect Themselves

If you as a tenant want to take on a roommate, control the situation before they move in.

1. Create a Written Roommate Agreement
   This is not a lease, it is a contract between the tenant and the roommate. It should include:
   
   • The monthly roommate fee (rent contribution) payable to the tenant.
   • Payment due dates.
   • Shared responsibility for utilities, payable to the tenant.
   • House rules (cleaning, noise, guests, etc.).
   • A clause stating how much notice the tenant can give the roommate to vacate if:
     
     • They fail to pay their share, or
     • They cause problems or disrupt the household
       
       

I’ve made one for you in case you need a template to start with. Totally cool with me if you tell me you’ve got your own and you don’t need mine. Download this free agreement that you can tweak as you need in the description below.

2. Collect a Deposit
   The tenant can legally require a deposit from a roommate, this has nothing to do with the RTA rules about deposits that apply only between landlord and tenant. Yup, a roommate situation is a very very unique!
   
   
3. Set Expectations Early
   Discuss cleaning, quiet hours, use of common areas, and how conflicts will be handled.
   
   I’ve also got a checklist you can refer to on things you should talk about with your roommate so everyone’s clear with expectations on day 1.

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What If the Roommate Stops Paying Rent or Becomes Difficult?

Ah! I thought you’d never ask. -wink-

When you’re the one on the hook in the lease agreement to pay the landlord, and your roommate doesn’t pay their fair share, it can damage your credit and put you in financial trouble. I don’t want that for you.

Because the roommate is not a tenant under the RTA, the tenant can:

• Give notice to the roommate to leave (per the roommate agreement).
• Change locks after they vacate or if they refuse to vacate in accordance to notice given by the tenant. (The RTA’s rules about lock changes do not apply).
• Sue in small claims court for unpaid amounts.

If no written agreement exists, it becomes much harder to remove the roommate. The best defense for a tenant is to have a solid roommate agreement in place before giving keys to the roommate.

Okay, it’s time for our Rental Trio: the top 3 takeaways on this video:

1. Think carefully about inviting another to live with you; ensure you know what you want and expectations before you advertise for a roommate.
2. Always use a written roommate agreement if letting someone move into your home. It doesn’t need to be the Ontario Standard Lease. I’ve got one for you in the description below.
3. Have a clause in the roommate agreement on evicting the roommate if they behave badly or don’t pay the rent.

Remember, A roommate is not a tenant under Ontario’s RTA. A tenant has legal rights, a roommate only has whatever rights are written into a roommate agreement.

I mean, it’s kinda scary to be a roommate if you ask me. You’re not really protected in cases where things go wrong.

But hey, protect yourself before someone moves in, not after problems start.

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If you learned something from me today, or found our free resources helpful - drop me a comment or thumbs up. I want to hear from you! 

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Subscribe and I’ll see you next week for more things I wish I knew about the rental industry. Bye!

• Openroom – Court Order Search: A free public database where you can search tenancy-related court orders across Canada by name or address, helping you make informed decisions about who you rent to or from.
• Ontario Residential Tenancies Act (RTA): The official Ontario government legislation that governs the rights and responsibilities of landlords and tenants in residential rental units.
• Landlord and Tenant Board (LTB) – Tribunals Ontario: The official tribunal where Ontario landlords and tenants can file applications and resolve disputes under the Residential Tenancies Act.
• Ontario Standard Lease (Residential Tenancy Agreement): The mandatory standard lease form that Ontario landlords must use for most new residential tenancies, available for free download from the provincial government.
• Sing Someone in Ontario Small Claims Court: The Ontario government's official guide for filing a claim in Small Claims Court, which is the avenue for tenants to recover unpaid amounts from a roommate when no LTB jurisdiction applies.