Types of Roommate Living Arrangements

Most of you are currently living with a roommate or planning on living with a roommate in the near future. This week, we wanted to share the different types of roommate living arrangements so that you understand your legal position with your roommates and your landlord. If you’re renting for the first time, or you are about to sign a lease, we recommend you read this

Co-tenants

In this case, the landlord sings one joint tenancy with all the tenants. When you are all on the tenancy, you are all, “jointly and severally” liable for any damages and unpaid rent. Which means that if your roommate causes damage, you could be the person that has to pay for it. “Jointly and severally” means that the landlord can go after one or all of you for damages and you are all responsible. Co-tenants also means that if your roommate gives proper notice to the landlord to end the tenancy, the tenancy ends, regardless of if you signed the notice or not.

Renting to or from your housemate

In this case, the landlord rents to one tenant, and the person with the tenancy rents to other tenants. If you are the one who signed the tenancy with your landlord, you can have a roommate move in and that person pays the rent to you. In some cases, you may need the permission of the landlord before you do this. The person on the tenancy has a legal relationship with the landlord and all the other people are just roommates.

Separate tenancies

In this case, the landlord signs separate lease or tenancy agreements with each individual tenant. This often happens in rooming houses. Everyone has their own tenancy agreed with the landlord for their room. You aren’t liable for the other tenants’ damages or unpaid rent, and you aren’t their landlord. This arrangement means that when someone moves out, you may have little say over who moves in.

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