legal and rights / PUBLIC GUIDANCE
Roommate Agreement: Frequently Asked Questions
Off-lease roommate situations sit outside the RTA's tenant-landlord framework, so people often mistakenly assume LTB processes apply when they don't -- this FAQ exists to set accurate expectations and reduce disputes.
A roommate agreement is a private contract between people sharing a home who are not all named on the same lease with the landlord (an "off-lease" arrangement) -- distinct from a sublet, which has its own separate legal process (see the Sublet FAQ).
Can I evict an off-lease roommate? An off-lease roommate is not a "tenant" under Ontario's Residential Tenancies Act in relation to the lease-holder -- the RTA's formal eviction process and Landlord and Tenant Board generally don't apply between roommates the way they do between a landlord and tenant. Notice periods and processes for asking a roommate to leave are typically governed by your roommate agreement's own terms, not the RTA directly.
What happens if a roommate breaches the agreement? This depends on what your roommate agreement specifies. A written agreement with clear terms for notice, financial responsibility, and dispute resolution gives everyone clearer expectations if something goes wrong.
Do I need to vet a potential roommate? It's reasonable to ask for references, proof of income, or ID before agreeing to share a home with someone, similar to how a landlord might screen a tenant -- though a roommate isn't a landlord-tenant relationship, so the same fair-housing rules that apply to landlords may not identically apply here.
How is this different from a sublet? A sublet involves someone else living in a unit under the original tenant's lease, with the original tenant retaining legal responsibility and requiring landlord permission for the specific subtenant. A roommate agreement is between people who never had that formal sublet relationship and are sharing based on their own private agreement. If you're unsure which situation you're in, see the Sublet FAQ.
What about the last month's deposit if a roommate leaves early? This is a common dispute point. A written roommate agreement addressing how the last-month deposit is handled if someone moves out early can prevent disagreements -- this is not something the RTA resolves for off-lease roommate situations.
Is this legal advice? No. Roommate disputes can be legally complex depending on your specific arrangement; consult a legal clinic or paralegal for case-specific advice.