Roommate Agreement Template (Free)
This is not legal advice. If you have questions about entering into an off-lease roommate agreement, we encourage you to join Ontario Tenant Rights on Facebook.
What is a Roommate Agreement?
Typically, a Toronto Roommate Agreement refers to a written document signed between a renter and someone with the right to a residential unit (a leaseholder or owner), to agree on the use of space, terms of the rental, and house rules.
Within Toronto Home Zone and many communities like it, it is used in rental housing situations where the incoming renter is not covered by the Residential Tenancies Act (RTA) because:
They are not being added to the RTA-protected lease that an existing Tenant has with the Landlord
They share a kitchen or bathroom with the owner of the condo/apartment/house
These renters are also known as boarders or paying guests. Because these situations are not governed by the RTA, any disputes or contract breaches cannot be brought to the governing body responsible for enforcing residential law in Ontario: the Landlord and Tenant Board (LTB).
Off-lease roommate situations are often confused with a sublet. Sublets are situations where a Tenant (with a capital “T” because they hold an RTA-protected lease) is vacating their unit with plans to return, and offers their space temporarily to someone else. Sublets are governed by the RTA in Ontario.
Learn More:
Rights & Responsibilities for Landlords & Tenants (City of Toronto)
Ontario’s Standard Lease (Province of Ontario)
Ontario Tenant Rights (Facebook)
Are Roommate Agreements Mandatory?
If you are offering or accepting housing that is not covered by the RTA, it is not mandatory to have a written roommate agreement. Many prefer to have one because a written contract helps all parties involved set very clear expectations about:
The length or term of stay
What is being offered, the price, and payment schedule
Use, maintenance, and cleanliness of the living space
Guest, noise, and pet policies
Splitting costs of utilities, internet, streaming services, household supplies
Terms for ending the contract and notice periods
Use and return of any deposits
It is particularly helpful to set rules around any financial elements of the rental. If there is a breach of the contract, other avenues for resolving this can be used such as Small Claims Court. To seek advice on breaches of a roommate agreement, we encourage you to join Ontario Tenant Rights.
What rights and responsibilities does an off-lease roommate or boarder have?
While off-lease roommates/boarders are not covered by the RTA, it does not mean that they have no rights or responsibilities under other Ontario laws, or that the RTA does not impact their living situation. For starters, if you are entering into an off-lease roommate situation:
As the leaseholder: you remain liable and fully responsible for the unit and payment of rent.
As the off-lease roommate: you can leave, or may be asked to leave, at any time without notice. If you are asked to leave by the leaseholder/owner and refuse to do so, they can have you removed.
Get the Template
There are a lot of considerations to make when designing a roommate agreement. This template includes many of the ones we see through TOHS and THZ, with additional considerations.
This template is designed to help parties set clear expectations around the foundational elements of their living arrangement. Add or remove sections as needed.
