When One Roommate Doesn't Pay Rent

Co-tenants may decide to split the rent equally or unequally, depending on their personal wishes. However, such agreements don't affect the landlord. Each co-tenant is independently liable to the landlord for all of the rent. Landlords often remind co-tenants of this obligation by inserting into the lease a chunk of legalese that says that the tenants are "jointly and severally" liable for paying rent and adhering to terms of the agreement. If one tenant can't pay a share of the rent in a particular month, or simply moves out, the other tenant(s) must still pay the full rent.

Landlords often insist on receiving one rent check for the entire rent -- they don't want to be bothered with multiple checks from co-tenants, even if each co-tenant pays on time and the checks add up to the full rent. As long as you have been advised of this policy in the rental agreement or lease, it's legal for your landlord to impose it.

When One Roommate Violates the Lease or Rental Agreement

A landlord can legally hold all co-tenants responsible for the negative actions of just one, and terminate everyone's tenancy with the appropriate notice. For example, two co-tenants can be evicted even if only one of them seriously damaged the property or otherwise violated the lease or rental agreement.

In practice, however, landlords sometimes ignore the legal rule that all tenants are equally liable for lease violations, and don't penalize a blameless one. If the non-offending roommates pay the rent on time, do not damage the landlord's property and can differentiate themselves from the bad apple in the landlord's eyes, the landlord may want to keep them.

Agreements -- and Disagreements -- Among Roommates

For all sorts of reasons, roommate arrangements regularly go awry. If you have shared an apartment or house, you know about roommates who play the stereo too loud, never wash a dish, always pay their share of the rent late, have too many overnight guests, leave their gym clothes on the kitchen table, or otherwise drive you nuts. If the situation gets bad enough, you'll likely end up arguing with your roommates about who should leave. And in fact, roommates can make lots of informal agreements about splitting rent, occupying bedrooms, and sharing chores. Your landlord isn't bound by these agreements, and has no power to enforce them.

The more you can anticipate possible problems from the start, the better prepared you'll be to handle disputes that do arise. First, try to choose compatible housemates. Before you move in, sit down with your roommates and create your own agreement covering major issues, such as:

1. Rent. What is everyone's share? Who will write the rent check if the landlord will accept only one check?
2. Space. Who will occupy which bedrooms?
3. Household chores. Who's responsible for cleaning, and on what schedule?
4. Food sharing. Will you be sharing food, shopping, and cooking responsibilities? How will you split the costs and work?
5. Noise. When should stereos or TVs be turned off or down low?
6. Overnight guests. Is it okay for boyfriends/girlfriends to stay over every night?
7. Moving out. If one of you decides to move, how much notice must be given? Must the departing tenant find an acceptable substitute?

It's best to put your understandings in writing. (See the sample roommate agreement below.) Oral agreements are too easily forgotten or misinterpreted.

Be as specific as possible, especially on issues that are important to you. If dirty dishes in the sink drive you up the wall, write it down. If occasional guests are no problem, but you can't stand the thought of your roommate's (non-rent-paying) boyfriend hogging the bathroom every morning, make sure your agreement is clear on guests.

Most of this kind of agreement isn't legally binding -- that is, a judge won't order a tenant to clean the bathroom. Judges will, however, enforce financial agreements, such as how rent is to be shared.

By far the greatest value of committing your understanding of co-tenant rights and responsibilities to writing is that it forces you and your housemates to take your co-tenancy responsibilities seriously. To underline this commitment, it's always wise to include a clause requiring co-tenants to participate in mediation before one of you breaks the agreement by moving out or running off to court. Our sample roommate agreement, below, includes such a clause.