If you pay your rent but your roommate does not, you are generally still liable for the full amount due to "joint and several liability" in most lease agreements, meaning the landlord can legally demand the remaining balance from you, evict both of you, or withhold your security deposit for unpaid rent. You will likely need to cover the shortfall to avoid eviction and may pursue your roommate in small claims court to recover their share.
Landlords have the right to terminate a tenancy—and ultimately file an eviction lawsuit if necessary—when tenants miss a rent payment. So, when a roommate fails to pay the share of rent agreed upon, you might have to pay the full amount out of your own pocket in an effort to keep your rental.
If your roommate refuses to pay rent, start with direct, documented communication, then involve the landlord, and if needed, explore mediation, find a replacement roommate, or take them to small claims court for reimbursement, as you're often jointly liable for the full rent if you're on the lease. Document everything, understand your lease (jointly vs. separately signed), and know your local tenant laws to protect your finances.
Co-tenants are jointly responsible for everything related to their tenancy, which means everyone is equally responsible for each other's behaviour. For example, if the full rent is not paid on time because of one co-tenant, the landlord can issue an eviction notice that applies to all the co-tenants.
If everyone living in the flat signs the tenancy agreement, you will all have tenancy rights – and obligations. If 1 tenant causes damage to the property or gets behind in paying rent, all other tenants can be held responsible. They may have to pay the debt if the offending tenant does not.
Take Legal Action as a Last Resort
A demand letter may motivate your roommate to pay without the need for a court appearance. If the situation doesn't improve after the letter, you may need to consider filing a small claims court case or pursuing eviction.
The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone. You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.
Give Your Roommate a Written Eviction Notice
(Your notice will need to comply with any statutory notice requirements.) So long as the roommate has not earned tenant status, you don't need any official reason to evict your roommate other than no longer wanting the person in your rental.
As a tenant, you are legally responsible for the lease agreement that you signed with the landlord and property owner. While you can choose to live with someone who is not on the lease, some potential complications and risks come with this choice. The landlord could choose to have the non-tenant evicted.
The only requirement is 'reasonable notice', which is typically 30 days (or one rental period), but could be even less if the roommate has breached their contract, e.g. by not paying rent. You can go ahead and change the lock the day after her termination date if she hasn't left voluntarily.
Paying bills in shared accommodation
If your name is on the bill and someone else who lives with you won't pay their share, you'll usually have to pay the bill and take legal action against them for the money.
If a co-tenant wants to leave before the end of the lease period, they should notify the landlord and get their permission. Otherwise, the other co-tenants can try to replace them with a new tenant who meets the landlord's standards.
Dealing with a bad roommate
The most common reasons for eviction are nonpayment of rent, followed by lease violations (like unauthorized pets, subletting, or property damage) and lease expiration, where a landlord chooses not to renew. Other frequent causes include engaging in illegal activities, creating a nuisance, or violating health/safety rules, but all evictions must legally follow strict state and local laws, often requiring a court order.
If you want to evict a tenant, you must issue them with a 'Notice to Leave' and at least one of the 18 grounds for eviction must apply. That means you can't ask a tenant to leave without a legally valid reason. - At least 84 days' notice if they've lived in the property for more than six months.
If your roommate refuses to pay rent, start with direct, documented communication, then involve the landlord, and if needed, explore mediation, find a replacement roommate, or take them to small claims court for reimbursement, as you're often jointly liable for the full rent if you're on the lease. Document everything, understand your lease (jointly vs. separately signed), and know your local tenant laws to protect your finances.
Yes, you can call the police to have someone removed from your home, especially if they are a guest who refuses to leave after you've withdrawn permission, making them a trespasser, but it's complicated if they have any claim as a tenant, and police are often reluctant to get involved in civil matters like evictions, directing you to the courts instead. Call police immediately for violence or threats, but for general refusal to leave, you must differentiate between a guest (police can help) and a tenant (requires formal eviction process) to avoid legal trouble yourself.
If you've asked them to leave your home or a rental property, and they won't budge, an eviction—taking legal action to remove a tenant—is your final option.