questions & answers

Question: One of my roommates (cotenants) moved out of our house. We still have 5 months of the lease left. The 2 of us left dont feel comfortable living with a stranger. The agreement we had originally was wed split the rent equally and all of the utilities. The roommate who left, still has possession of keys to house and her belongings there. What are my rights to get the rest of her rent paid?

Answer: The answer to this sort of question almost always depends on what the nature of the rental agreement between the co-tenants and the landlord is. As a general rule, from a legal perspective only a landlord may demand the payment of rent from a tenant. Under most written rental agreements, the co-tenants are “jointly and severally liable” to the landlord for rent, meaning that in theory each of the co-tenants individually is responsible for the entire amount. Any tenant who believes that a co-tenant no longer intends to pay their “portion” of the rent may wish to speak with a lawyer to learn what their specific rights and responsibilities are and what their best options may be.