A roommate who is not named on the lease is not a tenant under the Residential Tenancies Act, so the Landlord and Tenant Board generally has no jurisdiction over a dispute between you and them. Unpaid rent or shared-expense disputes between roommates are instead contract claims, pursued in Small Claims Court for amounts up to $50,000, supported by evidence like e-transfers, texts, and a cost-sharing agreement if you have one.
- A roommate who never signed the lease is not a "tenant" under the Residential Tenancies Act, so the Landlord and Tenant Board generally cannot hear a dispute between you and them.
- Unpaid rent or shared-expense disputes between roommates are treated as ordinary contract claims, not landlord-tenant matters.
- Small Claims Court, not the LTB, is the correct venue — for amounts up to $50,000.
- You do not need a written lease with your roommate to sue them; a verbal or informal agreement to split rent and expenses can still be enforced.
- E-transfer records, texts, and any written cost-sharing arrangement are your strongest evidence of what was agreed and what is still owed.
- The named tenant on the lease remains fully responsible to the landlord regardless of what a roommate owes them personally — that is a separate dispute.
Why the LTB Usually Can’t Help
The Landlord and Tenant Board’s authority comes from the Residential Tenancies Act, which governs the relationship between a landlord and a tenant. If your roommate never signed the lease and has no direct tenancy agreement with the landlord, they are not a "tenant" for the purposes of that Act — and the LTB generally has no jurisdiction to resolve a dispute between you and them over rent or shared costs, even though you live in the same unit.
A co-tenant is named on the lease along with you, and the landlord can generally pursue either of you for the full rent. A roommate who only has an arrangement with you — paying you their share so you can pay the landlord — is not party to the lease at all. That distinction is what pushes your dispute with them out of LTB territory.
A Roommate Dispute Is a Contract Claim
Because your roommate’s obligation runs to you personally, not to the landlord, a dispute over unpaid rent or shared expenses between roommates is treated as an ordinary contract claim — the same legal category as any agreement between two people to split a cost. That means it belongs in the regular court system, not a specialized tribunal.
What You Can Claim
- Unpaid rent your roommate agreed to contribute toward
- Their share of utilities, internet, or other agreed shared bills
- Reimbursement for a security deposit or last month’s rent they agreed to contribute but didn’t
- Any other costs covered by your specific arrangement
Small Claims Court can hear claims for these amounts up to $50,000, which covers the overwhelming majority of roommate disputes.
Evidence That Wins These Cases
Roommate agreements are rarely in a formal contract. Courts are used to this and will look at e-transfer records, bank statements, and text message exchanges to piece together what was actually agreed and what was actually paid.
- E-transfer confirmations or bank statements showing the agreed monthly split
- Text messages or emails discussing the rent and expense arrangement
- Any lease, sublet agreement, or move-in document that references the roommate’s share
- A running log of what was owed and what was actually paid, month by month
Your Obligation to the Landlord Is Separate
If you are the named tenant, you remain fully responsible to the landlord for the full rent regardless of what your roommate owes you. The fact that your roommate didn’t pay their share is not a defence to the landlord’s claim against you — it is a separate matter you have to pursue against your roommate directly.
How to Bring the Claim
Start by sending a clear written demand for the amount owed, which also helps document the debt. If that doesn’t resolve it, file a Small Claims Court claim against your former roommate personally. You will need a current address or other reliable way to serve them — if they have moved and are hard to locate, additional service steps may be needed.
Dealing with a roommate who left you covering the rent or bills in Toronto or anywhere in Ontario? Our lawyers offer a free 30-minute consultation to review your options. Call us at 416-274-2222 or contact us online.
Frequently Asked Questions
Generally no, if your roommate is not named on the lease with the landlord. The LTB’s jurisdiction comes from the Residential Tenancies Act, which applies to the landlord-tenant relationship, not disputes between co-occupants who split costs informally.
If you are co-tenants named on the same lease, the dynamic is different — the landlord can generally pursue either of you for the full rent, and your dispute with your co-tenant over their share is still typically a separate Small Claims matter, not an LTB application.
No. A verbal or informal agreement to split rent and expenses can still be enforced in Small Claims Court — it is just easier to prove the terms with something in writing, even a text message exchange.
Unpaid rent owed to you, their share of shared bills (utilities, internet, groceries if agreed), and any other amounts covered by your arrangement, up to the $50,000 Small Claims Court limit.
E-transfer or bank records showing the agreed split and any payments made, text messages discussing the arrangement, and any written agreement, lease, or move-in document that references the roommate’s share.
Yes, as long as you sue within the applicable limitation period (generally two years from when the debt became due) and can locate them for service, or serve them another permitted way if they cannot be easily found.
No. Your claim against your roommate for their share of costs is a separate matter from the landlord’s right to collect rent from whoever is actually on the lease.