You and your roommate share a living space. You may have disagreements with your roommates. It is important to understand the rules about roommate relationships and how to resolve conflict.
The Rental of Residential Property Act sets out the rights and responsibilities of landlords and tenants in Prince Edward Island. It might not apply to tenants living together. How you deal with conflict will depend on the type of agreement you have.
The law about roommates is complex and depends on your situation. Speak to the Rental Office for more information
Co-tenants share a single rental agreement. If you are a co-tenant, you and the other tenants pay rent together to your landlord. You can be evicted for non-payment of rent if you or one of your co-tenants does not pay rent.
You may have to sign a new rental agreement with your landlord if one of your co-tenants moves out. Your co-tenant may also be able to assign the lease to a new tenant.
If you have a disagreement with your co-tenant, you are not protected by the Rental of Residential Property Act and the Rental Office cannot help you.
When you sign a rental agreement with your landlord, you may also want to sign a roommate agreement with your co-tenant or co-tenants. If you have a problem with your co-tenant, a roommate agreement could be helpful to solve any disagreements.
Head Tenant and Subletters
In certain rental situations, a tenant may be considered a landlord. This happens when one person, usually the head tenant, has a rental agreement with the landlord and is responsible for ensuring that rent is paid each month. The head tenant can then sublet rooms to other tenants, called subletters.
A subletter may be considered to have a landlord-tenant relationship with the head tenant. If so, you are both protected by the Rental of Residential Property Act. If the head tenant is not meeting their duties as a landlord, you may be able to get an order against them through the Rental Office.
A subletter can also be someone that rents their rental unit out and does not live there during that time.
See Subletting for more information about this type of subletter.
Rental Units Rented by the Room
In rental units that are rented by the room, each tenant has a separate rental agreement with the landlord. Each tenant is responsible for paying their rent. You are responsible for your own behaviour. It will not affect your living situation if another tenant does not pay their rent on time or moves out.
Your landlord does not have to let you know when they are renting out a room in the house or who they are renting it to.
If you have a disagreement with another tenant in a boarding house, you are not protected by the Rental of Residential Property Act and the Rental Office cannot help you directly.
Your landlord may be able to help if the other tenant is disturbing your quiet enjoyment of your rental unit. Your landlord has the responsibility to ensure your quiet enjoyment of your rental. Speak to the Rental Office if your landlord is not fulfilling their responsibility.
While also signing a rental agreement with your landlord, you may want to sign a roommate agreement with the other tenants of the boarding house. If you have a problem with another tenant, a roommate agreement could be helpful to solve any disagreements.