Residential lease · Roommates
Almost everyone believes the opposite. What changes the rule is a clause, not the law.
Shared, not solidary
The Tribunal: "Generally, whenever there is more than one lessee, the responsibility to pay the rent is shared. This means that each joint tenant is responsible for paying their share."
Its example: "if two joint tenants owe $600 for one month's rent, they can typically be required to pay the lessor $300 each."
With a solidarity clause, everything changes: "either of the joint tenants can be sued for the full rent", and one of them "may be required to pay the full amount of $600 by themselves". The Tribunal adds that solidarity "must be clearly mentioned, either in a clause in the lease or in an agreement between the parties".
The real pressure on the one who stays
The Tribunal describes the squeeze: a joint tenant who does not want the lease terminated "may be forced to pay the defaulting lessee's share of the rent", and can then file a claim against the tenant at fault.
Joint tenant and occupant are different
"A joint tenant is a lessee with a written or verbal lease who rents the same dwelling with one or more other lessees. An occupant lives on the premises with one or more other lessees but does not have any rights or contractual obligations toward the lessor because they have no lease with them."
An occupant can still be liable for harm or damage they cause.
When one roommate leaves
If joint tenant A does not renew and joint tenant B stays, the lease is renewed for B alone, who "would assume all the lease responsibilities on their own, including the payment of rent". For the landlord, that means losing one of two guarantees of payment.
Assigning or subletting a share
Nothing in the law prevents a joint tenant from subletting their undivided share or assigning their undivided rights. In practice, the departing roommate should send the notice to both the lessor and the remaining roommate and obtain their consent, and the remaining roommate must exercise any refusal in good faith.
Where this actually lands: at purchase, not after
These rules have one thing in common. They are not discovered while managing a building, they are discovered while buying one. A lease carrying a void clause, a deposit that was never lawful, a dwelling occupied by a succession, a subdivision project the law has suspended: each of those is sold along with the building.
That is why we read the leases, the building's tax position and the history of notices before making an offer on a plex, never after acceptance.
Three habits before buying a rental property
- Ask for every lease and its schedules, not just the rent roll. The clauses hide in the schedules.
- Have the tax modelled before the offer, including the seller's CCA position and what you intend to do with your own.
- Check what the law still permits for your plan. Repossession, eviction and conversion rules have changed and keep changing.
Related
Frequently asked
Is my roommate liable for the whole rent?
Generally no. The Tribunal says the obligation is shared, each responsible for their share, unless the lease contains a solidarity clause.
What is the difference between a joint tenant and an occupant?
A joint tenant is a party to the lease; an occupant has no contractual relationship with the lessor, though they remain liable for damage they cause.
What happens if one roommate leaves?
The lease is renewed for the one who stays, who then carries all obligations alone, including the full rent.
Sources: the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), the Administrative Housing Tribunal (tal.gouv.qc.ca), Canada Revenue Agency guide T4036 Rental Income and Revenu Quebec, consulted 11 September 2026. This page informs; it is neither legal nor tax advice. For a specific situation, consult a notary, a lawyer or an accountant.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.