Living with a roommate

Roommates are two or more people who live together in the same rental unit. Legally, there are different ways roommates can agree to live together. As roommates, your legal set-up will impact practical things like how you split the rent, deal with the landlord, and part ways.

Learning how the law treats different roommate arrangements can help you choose which one works best for you. Unfortunately, in tight rental markets some renters feel like they have to take what they can get. Still, it’s helpful to have clear knowledge of what you’re getting into. This can help you put agreements in place, up front, to protect your legal rights. As well, understanding the laws can help you navigate roommate issues as they arise.

Co-tenants are roommates who each share the same tenancy agreement with the landlord. This is a common arrangement for couples, families, and close friends. It makes sense for those who have an existing relationship of trust and closeness.

This is because, legally, co-tenants are responsible together for their obligations as tenants. (This is the case unless the tenancy agreement says otherwise). Usually, co-tenants agree between themselves on how to divide the rent. They’ll also have to figure out how to tackle practical responsibilities, such as keeping the rental unit reasonably clean. If one roommate falls short, all of the co-tenants will face legal consequences if they can’t work together to figure out a way to meet their joint obligations to the landlord.

For example:

• If one roommate doesn’t pay their share of the rent, the landlord can make the other roommates cover the shortfall. If the rent isn’t paid, the landlord can serve a notice to evict everyone.

• If one roommate damages the property, all roommates are responsible for any related bills or debts.

• If one roommate breaks an important term of the tenancy agreement (for example, bringing in a pet where one is not allowed), the landlord can evict them all.

One of the main advantages of being a co-tenant is that each of you is protected by the Residential Tenancy Act. This means you have more stability and certainty over your living situation. For example, there are caps on rent increases. And minimum notice periods for evictions. These protections don’t apply to an occupant/roommate situation (explained below). 

“I moved to Vancouver on a working holiday visa. I can’t afford a place on my own yet. But I don’t know anyone else in the city, not really. I did meet someone at a hostel who is looking for a place to live too, but our plans and personalities seem pretty different. Moving into a shared house, on my own tenancy agreement, seems like the best option for me right now. Who knows, I might even meet some new friends this way!”

– Lucy, Vancouver, BC

Tenants sharing common space live together in the same rental unit. But they each have their own separate tenancy agreement with the landlord. They’re expected to deal directly with the landlord individually on most tenancy issues. Sometimes these types of roommates are called tenants-in-common.

A typical scenario is a shared house with multiple bedrooms for rent. A landlord could rent out each bedroom to different people. Then everyone has access to common areas, like the kitchen and living room. Bathrooms might be assigned.

If you’re thinking about getting into this kind of arrangement, ask yourself: how do I feel about living with strangers? Usually (but not always) tenants sharing a common space don’t start out knowing each other. And you have little to no control over who your roommates will be.

On the flipside, you have legal autonomy from your roommates. A tenant sharing a common space is only responsible for their own tenancy obligations. For example, if one roommate doesn’t pay rent on time, there are no consequences for the other roommates. 

A tenant and an occupant can live together in a rental unit as roommates. With this set-up, only the tenant has a relationship with the landlord. In contrast, the occupant lives in the rental unit but rents from the tenant (not the landlord). You can think of it like a chain of relationships:

• The tenant agrees with the landlord to pay rent in exchange for the right to live in the rental unit. The tenant’s legal rights and obligations flow from their tenancy agreement and from the Residential Tenancy Act.

• The tenant agrees to let the occupant live in the rental unit in exchange for rent. As an occupant, you have no legal relationship with the landlord. If you have an issue with living in the rental unit, you can only take it up with the tenant who’s renting to you.

This set-up isn't protected by the Residential Tenancy Act. So both parties have fewer options if things go sideways. This means:

• The occupant can’t enforce “tenant rights” against their roommate. So they’re not protected by things like the Act’s caps on rent increases, minimum timelines for evictions, or the landlord’s obligation for upkeep and repair.

• The tenant can’t enforce “landlord rights” under the Act against their roommate. And they’re responsible for the occupant’s actions and any damage they cause. For example, the landlord can only go after the tenant for the portion of the rent that the occupant hasn’t paid.

So what laws apply instead? 

Roommates under this arrangement still have certain rights. But they’re not as concrete and they're generally harder to enforce. Instead of the Residential Tenancy Act, the rights stem from two sources.

First, the law requires roommates to comply with the terms of their agreements. Oftentimes, roommate agreements aren’t formal. Texts and emails, an ad for rent, or house rules are the kinds of things that can be used to show the intention of the parties. 

Second, both parties also have certain rights under common law. (This is law made in court cases.) For example, tribunals and courts will apply the concept of “reasonable notice” in some eviction situations. It’s relevant where the roommates don’t have a clear agreement on how much notice should be given. What’s reasonable depends on the context. We explain this more here.

Before moving in

Most occupant/roommate situations work well because the people sharing the living expenses already know each other (quirks and all). Here are some things to keep in mind if you’re looking to move in as an occupant:

• A written roommate agreement will provide all roommates with the most certainty and protection. Try to write in some of the protections from BC’s tenancy laws. For example, you can tie your rent increases to the tenancy agreement itself, rather than being at the discretion of the tenant/roommate. Consider what you think is fair notice for either party to end the arrangement. For an example, check out this template for a roommate agreement from the Tenant Resource & Advisory Centre.

• Ask the tenant to let you read the tenancy agreement. This will tell you what portion of the rent you’re paying. (Taking on roommates shouldn’t be a money-making venture for a tenant!) If they don’t have a tenancy agreement, ask what they have worked out with the landlord.

• Do a gut check. Does the tenant seem like a fair, reasonable, and reliable person? An open-ended prompt like “tell me about yourself” can give you some insight into their personality, lifestyle, and habits.

Even if a certain roommate arrangement is within your legal rights, consider the pros and cons before jumping in. Here are some things to consider to help you figure out what legal set-up might work best for you:

• How well do you know the other roommate? Do you trust them to be a good housemate? Would you be willing and able to pay their rent if they couldn’t? Or would you prefer to limit your financial risk? (Co-tenants have joint legal obligations to the landlord; tenants who share a common space don’t. A tenant who rents to an occupant bears the financial risk of taking on that roommate.) 

• Do you want a say in who you’ll be living with? Neither occupants nor tenants sharing a common space have this luxury.

• How much rent can you afford? How flexible are you? An occupant/roommate arrangement can be (but isn’t always) cheaper than being a co-tenant or tenants who share a common space. That’s because it’s likely you’ll have to sign a new tenancy agreement when you move in. So the landlord can now set the rent at the current market rate, rather than being forced to honour the number in an existing tenancy agreement.

• Are you able to get on to a tenancy agreement? This will provide you with the most legal protection and certainty. Consider if and how this will impact the amount of rent you each pay. For example, a tenancy agreement might say how much more rent the landlord can charge for each additional occupant. Or the landlord might require all parties to sign new tenancy agreements, hiking up the rent for all.

• Will your roommate agree to sign a roommate agreement? Signing a tenancy agreement means you’re protected as a tenant under the Residential Tenancy Act. If that option isn’t available to you, setting out your rights and expectations in a roommate agreement is the next best thing.

• Do your timelines align? If not, consider signing a fixed lease as co-tenants, signing your own tenancy agreement (as a tenant sharing common space), or finding a different roommate. If you’re an occupant and the head tenant moves out or is evicted, you’ll have to find another place to live.

Here’s a template to guide you through the decision-making process.

As a tenant living in a rental unit, what if you’re looking to add or replace a roommate? First, figure out what you’re legally allowed to do. It’s all in your tenancy agreement. Here are some things to take note of:

• Is it a fixed term or month-to-month tenancy agreement? A fixed-term tenancy agreement sets a date for the tenancy to end. We discuss how this factor comes into play when looking to replace a roommate.

• Does the agreement limit the number of occupants allowed? If yes, then you have to comply (if you want another roommate, you’ll have to negotiate a new tenancy agreement). If no, then it’s implied that you can add or swap in another roommate. (Your landlord can give you an eviction notice if there’s an “unreasonable” number of tenants in the rental unit.)

• Does the agreement require that you pay more rent for additional occupants? The law allows landlords to do this, unless the extra occupant is younger than 19.

Second, figure out what you want to do. Think about the pros and cons of each roommate set-up. We’ve covered some of the factors to consider in the section above. Whatever your tenancy agreement says, it’s a good idea to be honest with your landlord about your intentions to add or replace a roommate. (Make sure you understand what your legal rights are before having this conversation!)

Lastly, there are practical things you’ll want to turn your mind to before taking on a roommate. Ideally, you want to find a good match on schedules, lifestyles, habits, and hygiene. It’s a good idea to discuss (and document) expectations from the outset. These can range from splitting of chores, use of common spaces, and expectations of privacy and cleanliness.

Friction between roommates is not uncommon. Learning how to get on is part and parcel of sharing a living space with others. It’s about balancing the needs of the household against the needs of its individual members. Here we cover how to deal with a roommate problem. We also address some common points of tension between roommates, including privacy, noise, unwanted guests, rent increases, and the timing of roomates’ departures.

Disputes between roommates aren’t covered by residential tenancy law. The Residential Tenancy only covers the landlord-tenant relationship. This means you can’t go to the Residential Tenancy Branch to resolve roommate issues. If you want to pursue legal action, you’ll likely have to go to the Civil Resolution Tribunal. (The tribunal covers disputes up to $5,000. Above that, the next step up is small claims court.) Each roommate will need to prove their claims on a balance of probabilities. 

If you share kitchen or bathroom facilities with your landlord, you’re still considered a tenant. But the law says that this particular kind of arrangement is not covered by residential tenancy laws. This doesn’t mean that you have no rights. But it does mean that your rights are less clear and harder to enforce. 

When you share a living space with your landlord, the power dynamic is tipped in their favour. As the tenant, try from the outset to get clear on your rights and expectations. Better yet, write them down and confirm that your landlord agrees. 

A court or tribunal will look to such agreements for the parties’ intentions if there’s a conflict. In cases where the parties didn’t come to an agreement beforehand, the Civil Resolution Tribunal will typically look to common law principles such as “reasonable notice.” Here’s a case involving a tenant living with their landlord. The tribunal found that the landlord did give reasonable notice to their roommate to leave. 

As of 2022, stratas cannot have bylaws or rules that restrict rentals. If they do have such bylaws, they can’t enforce them. So your strata cannot stop you from taking on a roommate. And you don’t have to ask their permission before doing so. 

Under the Strata Property Act, stratas aren’t allowed to screen tenants, require that tenants be approved by the strata, or otherwise restrict rental. The only exceptions are that stratas can restrict short-term rentals (such as Airbnbs) and they can have a “55 and over” rule for the building.