A co-tenant is a person who rents a dwelling with one or several other renters. When you become a co-tenant, you promise by way of a lease (written or verbal) to pay a portion of the rent and to use the dwelling responsibly and carefully.

Being a co-tenant is different from being an occupant. An occupant only lives in the dwelling and has no obligations towards the landlord because he has no contract with him.

For example: Pascal and Stephen are co-tenants and each pays half the rent. For the next two months, Pascal’s sister will be living with them and has agreed to pay $300 for that period. If she fails to pay, the landlord cannot force her to pay this amount because he has no agreement with her.

A co-tenant has the same responsibilities as a tenant. Both must:

• pay the rent;
  
• use the dwelling with prudence and diligence;
  
• not alter the form or destination (use) of the dwelling;
  
• act in a way that does not disturb the other tenants’ normal enjoyment of their homes.

One of the main responsibilities of a co-tenant is to pay the rent. But sometimes, one co-tenant fails to pay his share. Can the landlord ask you to pay the full rent in this case? It depends. If you are jointly liable for payment, the answer is no, but if the obligation is solidary, the answer is yes.

• If the lease doesn’t specify anything about the type of obligation, then the obligation is joint. When you are jointly liable, each co-tenant is only responsible for his share of the total rent. For example, Christine and Stephanie sign a lease together. If the rent is $ 600 and Christine doesn't pay, Stephanie cannot be asked to pay more than $ 300.
  
  
• On the other hand, if the obligation to pay the rent is solidary, then the landlord can request the full rent from each co-tenant. For example, suppose Marc and Matthew sign a lease that specifically states that each party may be held responsible for the total rent of $600 per month. If Marc fails to pay his share, the landlord can force Matthew to pay the full amount- the $600 owed for that month.
  
  The lease must clearly state that the obligation is solidary. If nothing is mentioned, the obligation to pay the rent is joint.
  
  Note that when tenants are married or in a civil union, the obligation is always solidary if the lease was signed to meet the current needs of the family.

As a rule, the landlord must send a notice of renewal or modification to each co-tenant separately, even though they are living at the same address. Each tenant can then make his own decision, independent of his co-tenants.

For example: Thomas and Sebastian both receive a notice of renewal of the lease. Thomas decides not to renew his lease and informs both the landlord and co-tenant, Sebastian. Sebastian decides to stay. The lease will be renewed in Sebastian’s name alone and he will be held responsible for the full rent.

Similarly, the co-tenants may react differently to a landlord’s plans to modify the lease. For example, Anne and Sylvia are co-tenants. Anne accepts the rent increase proposed by the landlord, whereas Sylvia does not. The landlord will either:

• do nothing (Sylvia will continue paying the old rent)
  
• try to negotiate something with her; or
  
• ask the Régie du logement to fix the rent.

For more information about lease renewals and modifications, consult our Infosheet Renewing a residential lease and rent increase.

In general, nothing prevents you from subletting or assigning your lease. But you still have to send a written notice to your landlord to inform him of the assignment or sublet. The notice must include the name and address of the person to whom you want to sublet or assign your lease, as well as the date on which this arrangement is expected to begin.

Your co-tenant or landlord can refuse the sublet or assignment of your lease, although they must do so in good faith, reasonably, and not simply to inconvenience you.

If your co-tenant or landlord does not consent to the sublet or assignment of your lease, you can ask the Régie du logement to examine the situation and make a decision. To find out more about this, consult the Infosheet entitled Assigning a lease or subletting a dwelling.

Tenants and co-tenants both have the same recourses against a landlord. If your landlord does not fulfill his legal obligations, you can file an application with the Régie du logement to force him to perform his obligations or to get compensation.

When your co-tenant dies, you can keep the dwelling and become the only tenant under the lease if you give your landlord a notice within 2 months of your co-tenant’s death. This notice should state that your co-tenant died and that you want to be considered the only tenant under the lease.

The notice is important if you wish to stay since the liquidator, the person taking care of the deceased’s property and debts, won’t necessarily want to be stuck with the lease.

If you do not give your notice in time, the law gives the liquidator the right to cancel the lease in the month that follows. He has to give the landlord 1 month of notice.

You will have to leave if the lease is cancelled.

Between the moment when your co-tenant died and your decision to keep or not to keep the dwelling, someone has to keep paying the rent. The extent of your obligation depends on whether your obligation is solidary (you are responsible for the entire rent if your co-tenant doesn’t pay his share) or is joint (you are only responsible for half of the rent).

Your obligation is solidary

The liquidator is supposed to pay your deceased co-tenant’s half-share but if he doesn’t, the landlord can claim the entire amount of rent from you.

Then, depending on the value of your deceased co- tenant’s succession (property and debts of the deceased), you can claim from it the half-share owed to you.

Your obligation is joint

Theoretically, you are only responsible for your half-share of the rent. The landlord cannot come after you for your deceased co-tenant’s share. He can only claim it from your deceased co-tenant’s succession.

In practice though, your landlord is never obliged to make do with only half the rent. If the liquidator is more than 3 weeks late in paying half of the rent, the landlord can request the cancellation of your lease!