I rented an apartment and signed a lease with my landlord. My friend came to live with me a few months ago and shares the rent. If she leaves, will I have to carry on paying the full rent to my landlord by myself?

Yes. Depending upon the facts of the particular situation, there are a few ways that this kind of arrangement could be defined legally. If the landlord knows that your friend is living there, it could be argued that your friend is also a tenant because the Act defines a tenant as a person who is permitted to live in the premises under the terms of the tenancy agreement. For this reason, many tenancy agreements will state that a person who is staying at the premises does not automatically become a tenant. Alternatively, it might be argued that the Residential Tenancies Act does not apply to your agreement with your friend because you are in the position of being her landlord. The Act does not apply when a landlord (you) is residing in the house and sharing the living quarters with the tenant (your friend).

However, even if all occupants of a residence are parties to a tenancy agreement, they are each responsible for the whole rent, not just their portion. So even if your friend is a tenant, you are still responsible for the whole rent once she is no longer paying a share.

It can be a good idea to make a written agreement with your friend that covers her obligations to you. You would still have to enforce this agreement against your friend if she was unwilling to pay the rent.

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November 2004 More Renting a Place to Live FAQs:

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