- Joint tenants share one tenancy agreement and are each liable for the entire rent, while tenants in common are each responsible only for their own share.
- A spouse who is not named on the lease may not be a tenant, though an unmarried partner can count as a spouse in some cases.
- A tenant needs the landlord's approval for an assignment or sublet, and the landlord must have a good reason for refusing.
- Written notice on Form N9 is required to move out.
When a rental couple splits up, one person usually wants to stay and the other wants out. The lease does not care about the relationship, so you need to know who is on it, who owes the rent, and what the landlord must agree to.
This article walks through those points under Ontario's Residential Tenancies Act, using plain language. The rules can be technical, and the definition of a spouse changes from one law to another, so check your situation with a lawyer.
Who counts as a spouse for rental purposes
For the Residential Tenancies Act, an unmarried partner counts as a spouse only if in a conjugal relationship outside marriage and meeting one of: at least one year of cohabitation, parents of a child together, or a cohabitation agreement under the Family Law Act. A spouse not named on the tenancy agreement may not be a tenant.
This test is not the same as other tests. Under the Family Law Act, an unmarried person is a spouse for support claims if the couple cohabited continuously for not less than three years. For tax, CRA looks at 12 continuous months, being the parent of your child, or custody and control of a dependent child. Always ask which law applies.
| Law | Unmarried partner test |
|---|---|
| Residential Tenancies Act | One year of cohabitation, parents of a child together, or a cohabitation agreement |
| Family Law Act support claims | Cohabited continuously for not less than three years |
| CRA common-law status | 12 continuous months, parent of a child, or custody and control of a dependent child |
Joint tenants, tenants in common and who owes rent
Joint tenants share one tenancy agreement and are jointly and severally (individually) liable for the entire rent. Tenants in common are each responsible only for their own share. In practice, if you are both on a joint lease, the landlord may look to either of you for the whole amount if the other stops paying.
This is why a partner who walks out does not necessarily stop being responsible. Moving out is not the same as ending the tenancy. Until the tenancy is properly ended or changed, the obligations can continue, so talk to the landlord early.
If the named tenant leaves and you stay
If a tenant leaves without notice or agreement to end the tenancy and the spouse stays in the unit as their principal residence, the spouse becomes a tenant. Exceptions include a building with no more than three units where the landlord lives, and a spouse who moves out within 60 days. The extended definition does not apply to social housing or care homes.
Your landlord may not want to treat the change as simple, and nothing replaces a written agreement. Ask the landlord to confirm in writing who the tenant is going forward.
- Confirm whether you are named on the lease.
- Check whether you meet the spouse test.
- Ask the landlord to put any new arrangement in writing.
Landlord consent, assignments and moving out
A tenant needs the landlord's approval for an assignment or sublet, and the landlord must have a good reason for refusing. If one of you wants to hand your place to someone else, or to a replacement roommate, that approval matters.
A tenant must give written notice (Form N9) to move out: at least 60 days for monthly or fixed-term tenants, and 28 days for daily or weekly tenants. If you plan to leave, treat the notice period as part of your budget, since rent is owed until the tenancy ends.
If one person tries to force the other out, remember that a landlord can end a tenancy only for reasons allowed by the Act, by applying to the LTB, and an eviction order can be enforced only by the Court Enforcement Office (sheriff). A tenant locked out without an order can call police, contact the Rental Housing Enforcement Unit, or apply to the LTB on Form T2. Speed matters, because once another tenant lives in the unit, the LTB cannot order the landlord to let a locked-out tenant back in.
What to do next
- Read your lease and note whether you are joint tenants or tenants in common.
- Decide who plans to stay and tell the landlord in writing.
- Ask for written consent if you want to assign or sublet.
- If you are leaving, give written notice on Form N9 with the required period.
- Agree in writing how the deposit, rent and shared bills will be settled.
- Get legal advice if you share children or a cohabitation agreement, or if you were locked out.
Frequently asked questions
If my ex leaves, do I automatically become the tenant?
Not always. If a tenant leaves without notice or agreement to end the tenancy and the spouse stays as their principal residence, the spouse becomes a tenant, subject to exceptions. Whether you are a spouse for this purpose depends on the test.
Am I still responsible for rent if I move out?
If you are a joint tenant, you are liable for the entire rent. If you are a tenant in common, you are responsible only for your own share. Ending your obligations requires proper notice or an agreement.
How much notice do I give to leave?
Written notice on Form N9 is required, at least 60 days for monthly or fixed-term tenants and 28 days for daily or weekly tenants.
What if I am locked out of the unit?
You can call police, contact the Rental Housing Enforcement Unit, or apply to the LTB on Form T2. Act fast, because the LTB cannot order a landlord to let you back in once another tenant lives there.
Sources
- Court of Appeal for Ontario, Climans v. Latner, 2020 ONCA 554 — ontariocourts.ca
- CRA – Marital status — canada.ca
- Tribunals Ontario LTB – Interpretation Guideline 21 — tribunalsontario.ca
- Tribunals Ontario LTB – A Guide to the Residential Tenancies Act — tribunalsontario.ca
- Tribunals Ontario LTB – If You Are Locked Out of Your Unit — tribunalsontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.