It isn't uncommon for Metro Vancouver renters to have roommates.
With the highest rental prices in the country, it's difficult to pay rent for a rental unit on your own.
The average price of an unfurnished, one-bedroom unit in Metro Vancouver rose by $39 (+1.68%) between March and April, climbing from $2,337 to $2,376, according to the latest report from liv.rent.
Having roommates can pose several issues for renters and some could get them evicted when they don't do anything wrong. For instance, a landlord has the right to ask a tenant to leave if their roommate didn't pay their portion of the rent even if they did.
However, this rule might not affect renters who sign different tenancy agreements with the landlord. In other words, if two tenants don't know each other and have separate contracts with the landlord then they aren't responsible for one another.
The Residential Tenancy Act (RTA) differentiates between roommates, co-tenants, and tenants in common.
Co-tenants
Co-tenants are roommates who live in the same rental unit and sign the same tenancy agreement. They collectively pay the rent to the landlord and are jointly responsible for issues that arise during the tenancy.
The Tenant Resource and Advisory Centre (TRAC) recommends that you ensure your name is clearly listed on the tenancy agreement to ensure that you are considered a co-tenant, rather than an occupant/roommate.
While this is the most common setup in co-renting scenarios, it may be problematic if you live with people who cause damages, pay their rent late, or cause other issues that could disrupt or threaten the tenancy. In a co-tenancy agreement, each co-renter is responsible for the behaviour of the other renters.
Another issue with this renting setup is disputes between co-tenants aren't decided at the Residential Tenancy Branch (RTB). Renters suffering losses from their co-tenants must bring their case to the Small Claims Court, the Civil Resolution Tribunal or the BC Supreme Court.
Tenants sharing common space
Tenants in common avoid some co-tenancy issues because each person signs a separate rental agreement. This means each individual is responsible for their own and does not suffer from losses incurred by other tenants.
One tenant will not be responsible for damages caused by other renters or be on the hook for unpaid rent. However, tenants in common typically don't have the power to choose who they'd like to live with.
Tenants in common cannot bring disputes before the RTB. Instead, TRAC says they should bring tenancy-related disputes to their landlord in writing. Other matters may also brought before other courts.
Occupants or roommates
An occupant is a person a tenant brings into their rental unit. Under the RTA, this person isn't considered an actual tenant and they aren't responsible for upholding the tenancy agreement.
A renter could get the occupant on the lease by getting the landlord to amend it to include them. The landlord and tenant may also wish to discontinue the previous rental agreement and begin a new one.
Tenants should ensure they can bring occupants into the unit as per the rental contract. If they aren't permitted to have roommates, the landlord may issue them a one-month notice to end the tenancy with cause.
