Types of Disputes

Roommate Disputes in Small Claims Court

A roommate who moved out owing rent, shared utilities never paid back, damage to shared space — these disputes often fall outside the Landlord and Tenant Board entirely.

Part of Small Claims Court Disputes

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Roommate disputes sit in an interesting gap: they feel like a tenancy issue because they're about shared housing, but they're often not something the Landlord and Tenant Board will handle, because the dispute is between roommates, not between a tenant and a landlord. This is exactly the kind of situation Small Claims Court exists for.

Common roommate dispute scenarios

  • A roommate who moves out owing their share of rent already paid by others.
  • Unpaid shared utilities, internet, or other household bills.
  • Damage to shared or personal property caused by a roommate.
  • A dispute over a shared security deposit paid to the landlord.
  • A roommate who leaves before an agreed term ends, leaving others to cover the gap.

Why roommate disputes generally aren't a Landlord and Tenant Board matter

The Landlord and Tenant Board generally handles disputes between a landlord and a tenant — not between roommates who share a rental unit. If your roommate owes you money for their share of rent or shared costs, and you aren't the landlord, this typically isn't a matter the Board will resolve. Small Claims Court, by contrast, can generally hear a straightforward money dispute between two people, regardless of whether they happen to share a lease.

Unpaid shared rent

If you paid more than your share of rent because a roommate didn't pay theirs, your claim is generally against that roommate directly for reimbursement — not against the landlord, and not something the Landlord and Tenant Board would typically address. Keep records of what was actually paid, by whom, and what each person's agreed share was.

Utilities and other shared costs

Shared utility and household bills are one of the most common sources of roommate disputes, partly because they're often handled informally — one person pays the bill and others send an e-transfer, without much record-keeping. Where possible, keep a running log of who paid what and when, since this is often the central evidence in a shared-cost dispute.

Property damage between roommates

If a roommate damaged your personal property or a shared item, the same principles from property damage apply — document the damage, gather a repair or replacement estimate, and be prepared to show the item's condition before the damage occurred if you can. Sometimes the issue isn't damage at all but a roommate who simply left with something that was yours or jointly bought — see suing for return of personal property for how that kind of claim works.

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Why your lease structure matters

How your household's lease is structured affects who owes what to whom. If all roommates are named on a single lease with the landlord, you're each generally responsible to the landlord for the whole rent, which is a separate question from what you're each owed by one another privately. If instead one person leases from the landlord and subleases to others, the obligations run differently. Understanding your actual arrangement helps clarify who the right defendant is for your specific claim.

Disputes over an early move-out

If a roommate moves out before an agreed term ends, leaving the remaining roommates to cover their share, whether you can recover that shortfall from them generally depends on what was actually agreed between the roommates (see do I have a claim? for the basic building blocks) — a written roommate agreement, if one exists, is valuable here, though an informal understanding can still support a claim if you can show what was agreed.

Evidence that matters most

  • Any written roommate agreement, even an informal one, describing shared responsibilities.
  • Bank records, e-transfers, or receipts showing who paid what and when.
  • Text messages or other communication about shared costs and expectations.
  • The lease itself, to clarify who is legally responsible to the landlord.
  • Photos or estimates for any property damage involved.

Before you file

Given that roommate relationships are often personal ones, a clear, documented request for payment is worth sending before considering a claim — see the demand letter builder. This can also help clarify, in writing, exactly what's being asked for, which is useful even if the matter doesn't resolve at that stage.

Common mistakes

  • Not keeping records of shared payments, making it hard to show who paid what.
  • Confusing a roommate dispute with a landlord-tenant matter and pursuing the wrong forum.
  • Not clarifying the actual lease structure before deciding who to pursue.
  • Waiting too long after a roommate moves out to pursue what's owed.

Frequently asked questions

Can I sue a former roommate for unpaid rent?

Yes, generally — if you paid more than your share because a roommate didn't pay theirs, you can typically pursue them directly for reimbursement in Small Claims Court.

Should I go to the Landlord and Tenant Board instead?

Generally not for a dispute purely between roommates — the Board typically handles landlord-tenant matters, not money disputes between people who share a rental unit.

What if we never had a written roommate agreement?

You can still pursue a claim based on what was actually agreed and paid — gather whatever informal evidence exists, like text messages and payment records.

Who do I sue if all our names are on the lease together?

Being jointly named on a lease affects your responsibility to the landlord, but a claim between roommates for reimbursement is generally a separate question — pursue the roommate who actually owes you directly.

Related guides

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