La loi vos droits

Tenants - Your rights during a lease

Joint tenancy

You’ve been sharing an apartment with a friend since July under a simple agreement: you each pay half the rent. But last month, your friend lost his job and couldn’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 he do that?

In this Infosheet, Éducaloi looks at certain aspects of joint tenancy.

What is a co-tenant?

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 to 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.

What responsibilities does a co-tenant have?

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.

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

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 you are jointly liable, then 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. Even where the obligation is joint, the lease doesn’t always contain a clause specifying this. If the lease fails to specify the type of obligation, the obligation will be joint.
  
  
• 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. If Marc fails to pay his share, the landlord can force Matthew to pay the full amount.
  
  For this to be possible, the lease must clearly state that the obligation is solidary. If no such clause is included, the co-tenants will only be held responsible for their respective share.
  
  Note that when tenants are married or in a civil union, the obligation is always solidary.

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 though they are all living at the same address. Each tenant can then make his own decision, independent of his co-tenants. The notice of renewal must be sent:

• at least three months but not more than six months before the lease is due to expire (for a twelve-month lease);
  
• at least one month but not more than two months before the lease is due to expire (for a lease of less than twelve months);
  
• at least one month, but not more than two months before the lease is modified (for a lease of indeterminate duration).

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 his co-tenant. 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 have to negotiate with Sylvia and may even have to ask the Régie du logement to fix the rent.

Can a co-tenant sublet or assign his lease?

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  (http://www.educaloi.qc.ca/en/loi/tenants/77/).

What recourse do co-tenants have against the landlord?

Tenants and co-tenants both have the same recourses against a landlord. If your landlord does not fulfil his legal obligations (consult the Infosheet entitled Obligations of the landlord  (http://www.educaloi.qc.ca/en/loi/parents/75)), you can file an application with the Régie du logement to force him to perform his obligations or to get compensation.

Useful Links :

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