If my roommate has stopped paying their share of rent can I be held responsible for paying the entire rent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my roommate has stopped paying their share of rent can I be held responsible for paying the entire rent?

Asked on July 30, 2015 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can. The fact is that a lease is a contract and your roommate is in breach of it. That having been said, since you both signed the lease you both became legally responsible for all obligations under it, including financial. This is known as "joint and several liability". Basically this means that if one tenant doesn't pay their share of the rent any other tenant(s), either individually or collectively, are responsible for doing so. In other words, while your roommate is responsible ther share of the rent rental payments, if they do not make them, then you must. That having been said, you can sue your roommate in small claims court for any amounts the you paid on their behalf.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption