How can I hold my roommate liable for rent and utilities since he has moved out and is on the lease?

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:

The following is general information:

Two or more persons who enter into a rental or lease agreement with a landlord are referred to as cotenants. Although cotenants have the same legal obligations under a rental or lease agreement, each cotenant may be independently liable to the landlord for failure to comply with the agreement, including rental obligations. A typical rental or lease agreement cotenant provision states that the cotenants are jointly and severally liable for compliance with the agreement. Any agreements between cotenants regarding rental or lease obligations are not binding on a landlord, but cotenants may seek to enforce such agreements against one another in the same way other types of contracts are enforced. When a single tenant seeks to add a roommate, he or she must follow the landlord’s application process, and the landlord may request that a new rental or lease agreement be signed. The new agreement may include increases in the amount of rent and security deposit required.

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.