La loi vos droits

Tenants - Your Rights During a Lease

Co-tenants

You’ve been sharing an apartment with a friend since July. Your agreement is simple: you each pay half the rent. But last month, your friend lost his job and can’t pay his half. Now the landlord wants you to pay your friend’s share, claiming that you’re responsible for the whole amount. Can she do that?

In this Infosheet, Éducaloi explains the rights and duties of co-tenants.

What is a co-tenant?

A co-tenant is a person who rents an apartment with one or several other tenants. When you become a co-tenant, you promise in a written or verbal lease to pay a portion of the rent and to use the apartment carefully and diligently.

Being a co-tenant is different from being an occupant. An occupant just lives in the apartment but has no obligations toward the landlord because there is no contract.

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

What are my responsibilities as a co-tenant?

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

• pay the rent,
  
• use the apartment carefully and diligently,
  
• not change the form or use of the apartment, and
  
• act in a way that does not disturb the other tenants' normal enjoyment of the property.

What happens if my co-tenant doesn’t pay his or her share of the rent?

One of the main responsibilities of a co-tenant is to pay the rent. But sometimes a co-tenant might not pay his or her share. Can the landlord ask you to pay the full rent in this case? It depends. If you have a “joint” obligation to pay, then you don’t have to pay the full rent. But if the obligation is “solidary,” you do.

• You have a joint obligation if each co-tenant is only responsible for his or her share of the total rent. For example, Christine and Stephanie signed a lease together. If the rent is $600 and Christine doesn't pay, Stephanie cannot be asked to pay more than $300.
  
  If the lease doesn’t specify anything about the type of obligation, then the obligation is joint.
  
  
   
  Comment: Your landlord is not required to make do with only half the rent. If your co-tenant is more than three weeks late, the landlord can ask the Régie du logement (rental board) to cancel the lease.
   
  
  
  
• 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. A solidary obligation must be specifically mentioned in the lease. For example, suppose Marc and Matthew sign a lease as co-tenants. If Marc does not pay his share of the rent, the landlord can require Matthew to pay the full amount.
  
  
  
   
  Comment: When tenants are married or living in a civil union, the obligation is always solidary if the lease was signed to meet the current needs of the family.
   

What happens when the lease is renewed or modified?

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

For example, Thomas and Sebastian each receive a notice of renewal. Thomas decides not to renew his lease and informs both the landlord and his co-tenant. Sebastian decides to stay. The lease will be renewed in Sebastian’s name alone, and he will be 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, but Sylvia does not. The landlord has two options:

• negotiate another amount with both Sylvia and Anne (Sylvia and Anne must pay the same rent)
  
• ask the Régie du logement to determine how much rent Sylvia and Anne should pay.

For more information about lease renewals and modifications, consult our Infosheet entitled Renewing a Residential Lease and Rent Increases  (http://www.educaloi.qc.ca/en/loi/tenants/78/).

Can I sublet or assign my lease?

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

Your co-tenant or landlord can refuse the sublease or assignment, but the refusal must be in good faith, reasonable, and not simply to inconvenience you.

If your co-tenant or landlord refuses the sublease or assignment, you can ask the Régie du logement to make a decision. To learn more, consult the Infosheet entitled Assigning a Lease or Subletting  (http://www.educaloi.qc.ca/en/loi/tenants/77/).

What recourses do co-tenants have against the landlord?

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.

What happens if my co-tenant dies?

If your co-tenant dies, you can continue to live in the apartment and become the only tenant. However, you must give your landlord a notice within two months of your co-tenant’s death.

The notice should state that following your co-tenant’s death, you want to be the only tenant under the lease.

The notice is important if you wish to stay, since your co-tenant’s executor (the person settling the estate) might want to cancel the lease.

If you do not send your notice in time, the law allows the executor to cancel the lease the following month by giving the landlord one month’s notice.

You will have to leave if the lease is cancelled.

Whether or not you decide to stay, you must pay the rent (or at least your share of it) until the end of your lease. There might be some confusion about who is responsible for paying your co-tenant’s share between the time of his or her death and your decision about whether to stay.

The extent of your obligation to pay the rent depends on whether your obligation is solidary (you are responsible for the entire rent if your co-tenant doesn’t pay his or her share) or joint (you are only responsible for your share of the rent, even if your co-tenant doesn’t pay his or her share).

If your obligation is solidary

The executor should pay your co-tenant’s share. But if the executor doesn’t, the landlord can claim the entire amount of rent from you.

Then, depending on the value of your co-tenant’s estate (property and debts), you can claim the share of the rent you paid for your co-tenant.

If your obligation is joint

In theory, you are only responsible for your share of the rent. The landlord cannot come after you for your co-tenant’s share but can only claim it from your co-tenant’s estate.

In practice, though, your landlord is never required to make do with only half the rent. If the executor is more than three weeks late in paying the rent, the landlord can ask the Régie du logement to cancel the lease.

Useful Links :

1. Régie du logement website  [http://www.rdl.gouv.qc.ca]