In Ontario, if you and your roommate signed the same lease, you have joint-and-several liability. If your roommate abandons the unit and stops paying, the landlord can legally demand 100% of the rent from you. You must pay the landlord and sue your former roommate in Small Claims Court to recover the money.
Renting an apartment with a roommate is the primary way many young professionals and students afford to live in expensive Ontario cities like Toronto, Ottawa, and Mississauga. Sharing the cost of a two-bedroom unit is a great financial strategy-until the relationship sours. When a roommate suddenly packs their bags, abandons the apartment, and blocks your phone number, you are left in a terrifying legal and financial situation.
A very common and dangerous misconception is that each roommate is only legally responsible for their “half” of the rent. Under the Ontario Residential Tenancies Act (RTA), this is completely false. If your names are together on a single lease, the landlord does not care how you split the bills internally. To the landlord, you are one single legal entity. If the full rent is not paid on the first of the month, everyone faces immediate eviction. Handling this crisis requires protecting your housing first, and then aggressively pursuing the runaway roommate for your financial losses. 💼
Step-by-Step Process for Handling a Runaway Roommate in Ontario
Because the Landlord and Tenant Board (LTB) only deals with disputes between landlords and tenants-not disputes between roommates-you must rely on common law and the Small Claims Court. Here is how to navigate the fallout.
Step 1: Understanding Joint-and-Several Liability
When you signed the standard Ontario lease alongside your roommate, you agreed to joint-and-several liability. This legal term means the landlord can pursue both of you together, or either of you individually, for the entire rent amount.
If the monthly rent is $2,500 CAD, and your roommate leaves, you cannot just hand the landlord $1,250 CAD and say “I paid my share.” If the rent is short, the landlord will immediately serve an N4 Notice to End your Tenancy for Non-payment of Rent. You must recognize that your housing is actively at risk. 🚨
Step 2: Covering the Shortfall to Avoid Eviction
Your absolute first priority is avoiding an LTB eviction record, which would destroy your credit and your ability to rent anywhere else in Ontario. You must find a way to pay the full rent to the landlord immediately.
Borrow money from family, dip into your savings, or use a line of credit. Keep meticulous records of exactly how much extra you are paying to cover your roommate’s portion. You will need these bank statements as hard evidence for your eventual lawsuit. 📊
Step 3: Finding a Paying Guest/Occupant
You likely cannot afford double rent for long. Fortunately, under Ontario law, a tenant has the right to bring in a paying guest or roommate to help cover costs, usually without needing the landlord’s explicit permission.
This new person will not be added to the official lease-they are simply your “occupant.” You will collect rent from them and pay the landlord. Be extremely careful to write up a clear “Roommate Agreement” with this new person, as they are not protected by the RTA, and the LTB will not help you evict them if they also stop paying. 📝
Step 4: Sending a Formal Demand Letter
Once your housing is stabilized, turn your attention to the runaway roommate. Before rushing to a courthouse, you must send them a formal Demand Letter.
Send the letter via registered mail or email. Clearly state the total amount of money they owe you for their share of the rent and utilities, reference the verbal or written agreement you had regarding splitting costs, and give them a strict 14-day deadline to pay before you take legal action. ⏱️
Step 5: Suing in Ontario Small Claims Court
If the former roommate ignores the demand letter, your only legal recourse is the Ontario Small Claims Court, which handles civil disputes up to $35,000 CAD.
You will file a Plaintiff’s Claim detailing the breach of contract. You must prove to the judge that you had an agreement to split the rent 50/50, that the roommate broke the agreement by leaving early, and that you suffered financial damage by covering their half. If the judge agrees, they will issue a court order forcing the roommate to pay you back, which can be enforced through wage garnishment. ⚖️
How Much Does This Process Cost?
Recovering money from a former roommate will require upfront legal investments on your part.
- Covering the Rent: The immediate cost is paying 100% of the rent yourself to prevent an LTB eviction.
- Small Claims Filing Fee: Filing a Plaintiff’s Claim in Ontario Small Claims Court currently costs $108 CAD.
- Process Server: You must officially serve the lawsuit to the runaway roommate. Hiring a process server typically costs $100 to $250 CAD.
- Legal Representation: You can represent yourself in Small Claims, but hiring a licensed paralegal to handle the paperwork and represent you usually costs $1,000 to $2,500 CAD depending on the complexity of the trial.
| Legal Issue | Appropriate Venue | Your Liability |
|---|---|---|
| Eviction for unpaid rent | Landlord and Tenant Board (LTB) | 100% responsible for full rent |
| Recovering lost rent money | Ontario Small Claims Court | Burden of proof is on you to sue |
| Removing their name from lease | Requires Landlord’s Consent | Cannot be done unilaterally |
Keep in mind that if you win your case in Small Claims Court, the judge will usually order the losing roommate to reimburse you for your $108 filing fee and reasonable legal expenses.
How Long Does the Process Take?
The timeline is unfortunately heavily skewed against the remaining tenant. If rent is missed, a landlord can serve an N4 eviction notice on the 2nd day of the month. Replacing your roommate with a paying occupant usually takes 2 to 4 weeks depending on the rental market. The true delay lies in the justice system. Securing a trial date in Ontario Small Claims Court can easily take 12 to 18 months, meaning you will be waiting over a year to get your stolen rent money back.
Frequently Asked Questions (FAQ)
Can the landlord remove my roommate’s name from the lease?
Not without everyone’s permission. To legally remove one person’s name from a joint lease, all parties-you, the runaway roommate, and the landlord-must sign an agreement to amend the lease. The landlord cannot simply cross their name off unilaterally.
Will the LTB force my roommate to pay their half?
No. The Landlord and Tenant Board has absolutely no jurisdiction over roommate disputes. The LTB only handles disputes between the landlord and the “tenant” as a collective whole. You must use Small Claims Court.
Can I change the locks so my roommate cannot come back?
No, this is highly illegal. Because their name is still legally on the lease, they have the exact same legal right to enter the apartment as you do. Changing the locks without the landlord’s and LTB’s permission is an illegal lockout.
Can I break the lease and move out too?
You cannot simply walk away without consequence. You must give proper 60 days’ notice using an N9 form if you are on a month-to-month lease, or attempt to assign the lease if you are still in your first-year term. If you abandon it too, the landlord will sue both of you.
What if my roommate was not on the lease at all?
If only your name is on the lease, the person who left was just an “occupant” or paying guest. The landlord will not pursue them, only you. However, you can still sue the occupant in Small Claims Court based on your private verbal or written roommate agreement.
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