Co-tenants, what are they responsible for?
Many tenancies are between a landlord and two or more people who reside at the property. In most cases when it is multiple people there is usually some sort of relationship between the parties. The relationship can be friends, family or partners.
What happens when one party decides to leave the tenancy? It is important for landlords and tenants to understand that when there are multiple parties listed on the tenancy agreement all parties are responsible for the tenancy. If a couple rents a property and one of the two elects to vacate the property due to a relationship breakdown they should immediately in writing inform the landlord they are vacating the property in accordance with the tenancy act requirements for giving notice to vacate. Failing to provide this notice leaves them responsible for the tenancy even after they have left the property.
When there are more than one parties on the agreement, if one person severs the agreement it ends the agreement for all parties. Providing termination of the agreement protects the tenants' rights to being responsible after they vacate the property. If a tenant fails to give notice of leaving the property without advising the landlord then they could be held responsible for property even after they have vacated. If the parties who continue to occupy the property failed to pay rent or caused damage, a Landlord could seek reimbursement from all parties listed on the tenancy agreement.
What benefit is it for a landlord to have the one tenant provide notice to vacate the property?. At the time a notice to vacate is delivered, the tenancy begins the process of ending. If the other parties want to continue to reside in the property, you can require them to apply to continue renting the property. The original tenancy was granted based on the multiple parties living at the property. What if the remaining party doesn’t have the financial resources to pay the rent without the other party?. This provides the landlord at that moment in time to effectively evaluate if the current tenant has the resources to remain in the property.
If the party is unable to afford the property then it provides the landlord the opportunity to seek out a new tenant which potentially allows for an increase in the cost of the rent that is being paid. If the one party vacates and the other party remains but fails to have the resources for rent and or damage deposit a Landlord may lose contact with the other party
And the ability to collect from them in the event of a loss incurred.
Often a tenancy relationship will breakdown, and one party will move out and the remaining tenant will locate a new roommate without either party advising the landlord. This could be considered a breach of a tenancy clause for subletting. Inspect the property regularly to ensure the parties on the agreement are the only ones residing at the property.
You can find information about co-tenants rights in policy guideline #13 on the Residential Tenancy website.
If you need assistance managing your rental property, Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com
