Both Names on a Rental Lease After Separation in Ontario

When a relationship ends, the lease often becomes the next problem. Both of your names are on it, one of you wants to leave, and the other may want to stay or may not be able to afford the rent alone.

This article explains in plain language how shared rental leases generally work in Ontario under the Residential Tenancies Act, 2006, what the landlord can do, and how a tenant can move out. Your own lease and facts matter, so treat this as a starting point and not a substitute for advice.

Joint tenants or tenants in common: why it matters

The first question is what kind of tenancy you actually have. Landlord and Tenant Board guidance describes two main arrangements, and the difference affects who the landlord can chase for unpaid rent.

Joint tenants share one tenancy agreement and are jointly and severally (individually) liable for the payment of the entire rent, so the landlord can look to either tenant for all of it. Tenants in common each have their own agreement and owe only their own share of the rent.

You cannot simply pick the label you prefer. The Board decides whether a tenancy is joint or in common based on the facts and the real substance of the arrangement. Reading your lease, and how rent was actually paid and collected, will help show which situation you are in.

Who owes the rent after you separate

If you are joint tenants, the landlord is entitled to treat each of you as responsible for the whole rent, whatever the two of you have agreed between yourselves. That is why one person moving out and stopping payment can leave the other person exposed.

If you and your ex agree that one person will cover the rent, put that in writing. Whether such an arrangement can be enforced against the other person is a separate question from what the landlord can demand, and a lawyer can help you word it properly.

Leaving the unit: ending the tenancy

Tribunals Ontario publishes two forms that come up most often. The N9 is the tenant's notice to end the tenancy, and the N11 is the Agreement to End the Tenancy, which should be signed by all the tenants.

In practice this means the cleanest exit is usually one where the landlord and every tenant agree in writing. If only one joint tenant wants out, whether that person can end the tenancy for everyone, and on what notice, depends on rules that are worth confirming with a lawyer before you sign or send anything.

Moving your belongings out is not always the same as being off the lease. A former tenant's obligation to pay rent ends when the tenancy has terminated and the tenant has vacated the unit. Both parts matter: leaving alone, with the tenancy still running, may leave you responsible.

If one of you stays: the landlord's role

The landlord is not a party to your separation, and is usually concerned about two things: getting paid and knowing who lives in the unit. Whether the landlord will accept a private arrangement between you depends on your lease and your situation, so it is worth confirming with a lawyer.

Board guidance says that if a tenant vacates and their spouse stays in the unit as a principal residence, the spouse may become a tenant under O. Reg. 516/06, section 3(2)-(3), with listed exceptions. Examples include a spouse who vacates within 60 days, and small buildings where the landlord lives.

• Ask the landlord in writing whether they will agree to a new lease or an agreement that removes one name.
• Make sure the rent keeps getting paid while you work it out, because with a joint tenancy the landlord can look to either of you for the entire rent.
• Keep copies of every notice, form and message about the end of the tenancy.
• Do not assume that a departing tenant is released just because the other person says so.

What to do next

Before you move out or sign anything, take stock of where you stand. A short conversation with a lawyer is often worthwhile when joint rent, a shared home and children or other family law questions are all in play at once. If you are negotiating a separation agreement, remember that you do not need a lawyer to make one, but getting legal advice before signing is recommended.

• Find your lease and confirm whether it is one shared agreement or separate ones.
• Check the rent history: who paid, how much, and whether anything is owing.
• Decide whether one person will stay, or whether you will both leave.
• Talk to the landlord early and ask for any agreement in writing.
• If you are both leaving, ask about an N11 signed by all tenants.
• Write down who pays what until the tenancy ends, and keep proof of payment.
• Get legal advice if you are unsure whether leaving will end your liability.

Frequently asked questions