Roommate Agreements in Toronto: Template + Legal Tips

Joint and several vs. several

The most important structural question: are you on the lease together, or on separate leases?

Joint and several

All roommates sign one lease. Each is "jointly and severally" liable — meaning each is fully responsible for the whole rent if others default. Landlord can collect from any one of you. Standard for friends moving in together.

Separate leases

Each roommate signs their own lease for their share of the unit. Common in student housing, some purpose-built rentals. Roommate defaults don't expose you to their share.

Head tenant + subletter

One person signs the master lease; subletters sign sub-agreements with the head tenant. The head tenant is fully responsible to the landlord; the subletter is responsible to the head tenant. The head tenant carries real risk.

For most Toronto condo rentals, the structure is joint-and-several. Choose roommates accordingly — you're on the hook for their share.

What the agreement should cover

A roommate agreement isn't a lease — it's a contract among the roommates, not between roommates and the landlord. It can't modify the landlord-tenant relationship. But it can govern the internal arrangement and is enforceable in Small Claims Court for monetary disputes.

Cover:

• Rent split (by room size, equal, by income — whatever you choose, document it).
• Deposit split.
• Utility split: hydro, internet, gas, water, recurring services.
• Move-in date and term.
• Exit clauses: notice period for leaving, replacement-roommate process, deposit return.
• Common area expectations: cleanliness standards, guest policy, overnight visitors.
• Quiet hours.
• Smoking, pets, substances.
• Shared groceries / supplies policy.
• Dispute resolution process: who decides ties, mediation steps.
• Who deals with the landlord on what (e.g. maintenance requests routed through one person).

Exit clauses — the part that actually matters

Most roommate disputes happen when someone wants to leave early. The roommate agreement should address:

• Notice period. 60 days is standard.
• Replacement-finding obligation. The leaving roommate is responsible for finding an acceptable replacement (approved by remaining roommates and the landlord).
• Default obligation. If a replacement isn't found, the leaving roommate continues to pay their share until lease end (legally true under joint-and-several anyway, but documenting it prevents arguments).
• Deposit return. Deposit returned to leaving roommate when replacement covers their share — not at lease end.
• Lease assignment vs sublet. Some landlords permit assignment (new tenant signs new lease); some only sublet (original tenant remains liable).

Rent split methods

Common splits:

• Equal split. Simplest. Fair when bedrooms are similar.
• By room size. Calculate square footage of each bedroom. Allocate rent proportionally. Fair when bedrooms differ significantly.
• By room + amenity. Master with ensuite premium of $200–$400/month above other rooms.
• By income. Less common in Toronto; sometimes used by families with adult children.

Whichever method, document the math. "We just agreed it's $1,200 for room A and $1,000 for room B" is fine if everyone signs.

Common pitfalls

Avoid these:

• No written agreement. Most common cause of disputes.
• Rent paid to one roommate who pays the landlord. If they default, the other roommates are still on the hook to the landlord. Each tenant should pay the landlord directly when possible, or document the payment chain meticulously.
• No deposit accounting. Document who paid what, when, and how it gets returned.
• Friend-of-friend roommates. The friendship layer makes the legal accountability layer harder. The agreement matters MORE, not less, when you're close.
• Verbal "I'll be the master lease holder; you'll pay me." This puts all legal liability on one person and creates an asymmetry that breaks under stress. Joint-and-several is messier but fairer.