Whose name is on the lease changes everything.
If your roommate won't pay or has moved out, what you can do depends on whether they're on the lease with you. Here's who owes the landlord, who you can chase, and where to get help.
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In 30 seconds, here's what's true
- If you're both on one lease (co-tenants), you're each 'jointly and severally liable.' That means the landlord can demand the full rent from you alone — even if your roommate didn't pay their share.
- If only your name is on the lease, your roommate is your 'occupant,' not the landlord's tenant. They have fewer rights — and the landlord deals only with you for the rent.
- The Landlord and Tenant Board (LTB) usually can't help with a fight between roommates. For money a roommate owes you, you go to Small Claims Court instead.
- A co-tenant moving out doesn't end the lease or lower the rent you owe the landlord. Removing their name needs the landlord's agreement — a new agreement or a mutual end to the tenancy.
- You can't 'kick out' a roommate yourself — no changing locks or removing their things. Only a landlord can evict through the LTB, and removing an occupant may need a court order.
The steps your landlord must follow
Figure out the setup
Are you both on one lease (co-tenants)? Is only one of you on the lease (the other is a roommate/occupant)? Or is it a sublet? This single fact decides who owes the landlord and where any dispute goes.
If you're co-tenants: protect yourself with the landlord
You're both liable for the full rent. Pay your share directly to the landlord, not through your roommate, so you're not left covering a gap. If your roommate left, ask the landlord in writing about removing their name or signing a new agreement.
Chase the unpaid share in Small Claims Court
For money a roommate owes you — unpaid rent, their share of bills — your route is Small Claims Court, not the LTB. Bring your paper trail: the lease, e-transfer records, and any texts about who pays what.
If a roommate who isn't on the lease won't leave
You generally can't evict them through the LTB, and you can't lock them out yourself. You may need to give reasonable notice and, if they still won't go, get a court order. A legal clinic can tell you the safest way to do this.
Get a written agreement going forward
Put who pays what, how much notice to move out, and how the deposit is split into a written roommate agreement. It won't override the lease, but it's strong evidence if you ever end up in Small Claims Court.
What to do next
- Confirm exactly whose names are on the lease with the landlord.
- Decide if you're co-tenants, a roommate/occupant setup, or a sublet.
- Start paying your rent share directly to the landlord, not through a roommate.
- Save all e-transfers, receipts, and messages about who pays what.
- Ask the landlord in writing about removing a departed co-tenant's name.
- For money owed to you, prepare a Small Claims Court claim.
- Write up a roommate agreement for everyone going forward.
- Start a free PLAIN session to figure out your setup and next step.
Common myths
| Myth | Reality |
|---|---|
| I can just kick my roommate out. | No. You can't change the locks or remove their things. Only a landlord can evict through the LTB, and removing an occupant may need a court order. |
| If my roommate didn't pay, that's between them and the landlord. | If you're both on the lease, you're each liable for the full rent. The landlord can come after you for the whole amount. |
| The LTB will settle our roommate dispute. | Usually not. The LTB handles landlord-tenant matters. A fight between roommates over money goes to Small Claims Court. |
| My roommate moved out, so I only owe my share now. | No. Their leaving doesn't change the lease. You still owe the landlord the full rent until the lease is properly changed. |
| If my name isn't on the lease, I have no obligations. | You may still owe the head tenant under your roommate agreement — but you also have fewer protections against the landlord. |
| My roommates can raise my share or force me out. | No. They can't change your rent share or evict you. Only the landlord can change the lease (with everyone's agreement) or evict through the LTB. |
| A landlord must chase the roommate who left, not me. | With a joint lease, the landlord can choose to pursue any one tenant for the full rent — they don't have to split it. |
| There's no point putting our deal in writing. | A written roommate agreement is valuable evidence in Small Claims Court if a roommate doesn't pay what they owe you. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Landlord and Tenant Board.
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