What happens if my roommate doesn’t pay rent on a joint lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if my roommate doesn’t pay rent on a joint lease?
I’m on a joint lease with 2 other guys and 1 of our roommates hasn’t paid rent in 2 months. Our landlord is threatening to evict us all even though my roommate and I have proof of payment. What do I do?
Asked on April 27, 2012 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First, if you want to avoid eviction, you will have to pay the full rent. The landlord does not care about how the three of you have apportioned or split up payment among yourselves; the landlord is entitled to the full rent for the premises. If you do not pay the full rent, you could be evicted and/or sued for the deficiency or shortfall. Proving that you and one other roommate paid your shares does not matter, UNLESS the lease actually says that you each are responsible only for your share--in that event, the landlord could only evict the non-paying roommate. But is very unlikely--I don't beleive I've ever seen a lease like that. Typically, the lease simply requires payment in full from all the tenants on the lease, and it doesn't matter whether A, B, and C each pay 1/3, or A pays it all and B and C get a free ride, or any other arrangement.
Second, though, you can sue the nonpaying roommate for his share, pursuant to both the lease itself (you are all parties to it) and any other agreements among the three of you as to who pays what. You could sue in small claims court, to save money.
So pay the landlord first, to avoid eviction and legal action; then sue your roommate if he won't pay.
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.