Can my roommate raise my rent on me? I’m not on the tenancy agreement.

A roommate who rents from a tenant (rather than from a landlord) is not protected by the Residential Tenancy Act. So the laws that cap rental increases don’t apply. As well, you’re not protected by these laws about notice to end a tenancy and evictions. (In contrast, a tenant rents directly from the landlord under a tenancy agreement. They’re protected by these laws.)

Before moving in, beware of this red flag

If you are the roommate and the tenant refuses to show you the lease, this is a red flag. Most roommate situations work well because it’s people who get on together sharing the living expenses. If the tenant you’re living with won’t show you the lease, this might indicate that you’re paying a relatively bigger portion of the rent than you should. Taking on roommates shouldn’t be a money-making venture for a tenant!

Did the two of you agree to anything?

Since the Residential Tenancy Act doesn’t apply to this type of roommate situation, what matters is what the two of you agreed to. You might have a formal roommate agreement. Or maybe there’s a string of emails or text messages discussing the arrangement. An oral agreement is also a valid contract.

At the end of the day, the law requires roommates to comply with the terms of their agreements. So you’ll need to figure out what, if anything, was agreed about rent. In what circumstances can it be increased? By how much? How much notice should you receive? Did the two of you ever consider these issues? If so, you’ll need to act accordingly.

Unfortunately, without a written agreement in place, it can be very difficult to enforce your rights. A good place to start would be to dig up anything related to what you agreed to. For example, text messages, emails, or notes. As well, reach out to anyone else who was aware of the deal you struck with your roommate. Having someone else back up your story could come in handy if you decide to take further steps.

If not, work it out together

If the two of you have never considered these issues, you’ll need to come to a practical solution together. If the living arrangement is otherwise good, it’s in both of your interests to work out a plan that’s fair for both of you. You both have some chips to bargain with. If you didn’t agree to anything in advance, there is no cap on how much your roommate can raise your rent. On the other hand, they might give you a notice of eviction if they feel that they can’t afford to keep living with you. Consider that your roommate may simply be trying to pass on a rent increase from their landlord. 

It’s important to put any new agreement you have in writing (or better yet, try to get on the tenancy agreement). Having a written roommate agreement can help reduce conflict. And you’ll likely have a more stable living situation. Check out this template for a roommate agreement from the Tenant Resource & Advisory Centre.