What happens when there are two tenants on a tenancy agreement and one of them leaves?

A fixed-term tenancy agreement is one that sets a date for the tenancy to end. A tenant who wants to end the tenancy at the end of the fixed term must give one month’s written notice. 

There are several ways this could play out

If your co-tenant gives notice, this will end the tenancy for everyone. As the other co-tenant, you can stay until the end of the fixed term. Then you’ll have to move out — unless the landlord agrees to a new arrangement. You could ask to sign a new tenancy agreement. Under the new agreement, the landlord could set new terms. So, your rent could increase by more than the annual cap. 

What if your co-tenant doesn’t give notice to the landlord? Here are a few ways this could go.

• At the end of the fixed term, the landlord may approach you about renewing the tenancy agreement for another fixed term. If your old co-tenant is no longer around, the landlord can choose to make a new agreement with you. In doing so, they can charge more rent and propose other changes.

• You can choose to tell the landlord that your co-tenant has moved out. You can negotiate a new tenancy agreement. Or you can ask to amend the existing agreement to add a new co-tenant.

• The landlord might not contact you at the end of the fixed term, and then continue accepting rent from you. If you don’t enter into a new tenancy agreement, the current agreement will continue as a month-to-month tenancy on the same terms. The co-tenant who moved out will remain jointly liable under the lease. Practically speaking, the landlord may try to just come after you for the rent though.

If the tenancy converts to month-to-month

As described above, you might find yourself in a situation where the tenancy converts to month-to-month. Read your tenancy agreement to see what it says about occupants. Co-tenants are roommates who share a rental unit under a tenancy agreement. On the other hand, an occupant is a roommate who rents from a tenant they live with. They don't have a direct relationship with the landlord.

If your tenancy agreement doesn’t restrict additional occupants, then it’s implied that you can swap someone in under the existing tenancy agreement. That person would be considered a roommate with no rights or obligations under the tenancy agreement. If you choose this route, check out this roommate agreement template from the Tenant Resource & Advisory Centre.

Even if swapping in a new roommate is within your rights, consider the pros and cons before you jump into it. These kinds of arrangements aren’t protected by residential tenancy laws. So you’ll have fewer options if things go sideways with your new roommate. And you’ll be responsible under the tenancy agreement for any actions or damage they cause. As well, the landlord can only go after you for any portion of the rent that your roommate hasn’t paid to you.

The standard tenancy agreement doesn’t prevent substituting in new occupants. It’s common for changes to be made to the standard tenancy agreement, so read your agreement carefully. You might not be allowed to simply sub in a new roommate. The landlord might have included terms about new or additional occupants. For example, it might say a new occupant must pass a credit or reference check. Or it might say something about a rent increase when an additional person moves in. These terms are allowed as long as they’re not discriminatory or unfair. If you don’t follow the terms of the tenancy agreement, it may give your landlord scope to evict you for cause.

The Residential Tenancy Branch has a guideline document that goes into more detail. As well, the presenters address this topic in this webinar and this one.