What are my options if my roommate moves out before our lease ends?

Full question:

My roommate and I both signed a 6 month lease on a rental Sept 16, 2007. He is moving out to find his own place, leaving me to pay the full rent and utilities. I need to know how to remedy this through the court system.

Answer:

When two or more people sign a rental or lease agreement, they are considered cotenants. Each cotenant has the same legal responsibilities, but they can also be held individually liable for any issues, including unpaid rent. Typically, cotenants are jointly and severally liable, meaning the landlord can pursue any one of them for the full amount due.

Agreements between cotenants about rent or utilities are not enforceable against the landlord, but cotenants can seek to enforce these agreements among themselves, similar to other contracts. If you want to resolve the situation with your roommate, you may need to consider legal action to recover any costs incurred due to their departure. For more specific legal guidance, consult a local attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If two people are on a lease and one fails to pay their share, both tenants remain jointly and severally liable to the landlord. This means the landlord can pursue either tenant for the full amount of rent due. The non-paying tenant may face legal action from the other tenant to recover their share of the rent or utilities, but this agreement is not enforceable against the landlord.