I live in Toronto, Ontario, Canada. Myself and my girlfriend live with a housemate who has become "very difficult" to live with and has effectively created a poisonous home environment. He and I originally signed a one year lease two years ago and we are now on a month to month basis for rent. My girlfriend moved in about six months ago and now things have gone sour between him and I, not because of her mind you. She has become the "mediator" for any communication between he and I.
I made the unfortunate mistake of making sure his name was on the lease agreement (for liability reasons I initially thought). All rent cheques come out of my account. All utilities are in my name including cable and internet. He has made it a habit of paying utilities and rent owed to me late to the point where I can no longer afford to cover his end of the rent. We have received notice of termination and eviction from our landlord on a number of occasions for late rent payment of ISF in my bank account because I did not receive his rent money on time. Although, we have managed to get the rent to the landlord so that the eviction has not been executed.
Myself and my girlfriend would like to keep the unit moving forward, however without our current housemate.

My question is: if I refuse to pay his portion of the rent to the landlord, does the landlord have the right to evict all of us or only the non-paying party? Also, is there any way I can have his name removed from the lease agreement? Should I look to terminate the current lease and sign a new one without the said housemate?
Thanks very much for your help

In the USA the landlord expects his money... all of it, how its split is your problem, most in fact want one check, not 2 or 3. Few if any will accept partial payment as you suggested. Its just not in their best interest to take it that way. It opens up too many future problems via precedent.

I would first talk to the landlord. Explain that you wish to sign a new lease but NOT with the other individual in the house or on the lease. That's how we would do it in the USA. In fact that's how I have done it in the past.

However do not sign any new lease until the other roommate has vacated the unit.


Disclaimer - This is very generalized info until someone with Candian Tenent law experience answers with something specific.