I live with roommates. One of them wants me out. Can they evict me?

A roommate who rents from a tenant who lives in the rental unit is not protected by the main law covering tenants in BC. Which means your legal rights are limited. (The Tenant Resource & Advisory Centre explains this in detail.) 

For example: your roommate who is on the tenancy agreement wouldn't have to follow the eviction rules that landlords have to follow, with different notice periods depending on the situation. Although they would have to give you a reasonable amount of notice to evict you. How much time? We explain that in more detail here.

And if the roommate kicks you out, you can't challenge the eviction at the Residential Tenancy Branch. You’d have to go to court (which might be this online tribunal, which handles disputes under $5,000). Your legal challenge here will take time, the amount of money you may win is not assured, and you’ll still have to find a new place to live.

Steps to consider

What else could you do?

• If you're worried something might happen, prepare for a conversation with your roommate. Know what you want to get out of it. Get your talking points ready.

• Speak with your roommate. Understand what concerns they may have. Listen. Try to come up with an action plan together.

• See if the landlord is willing to put you on the tenancy agreement. With their backing, it may be easier to convince your roommate to allow you to stay.

• If your roommate asks you to sign something, take your time and read it carefully. Perhaps ask a friend or lawyer to review it. You don't have to sign right away.

Unfortunately, roommates are often in a bind when it comes to their legal rights. Trying to come up with a practical solution with your roommate, and possibly directly with the landlord, could be your best bet. Consider trying to make alternative living arrangements as soon as possible.

For next time

Of course, the best way to deal with this situation would be to avoid it altogether. If you are going into a roommate situation, it’s important to put any new agreement you have in writing (or better yet, try to get on the tenancy agreement). Otherwise, the life of a roommate can be very tenuous! Check out this template for a roommate agreement from the Tenant Resource & Advisory Centre.