Room Mates/Apartment Lease

Gokiburi

Junior Member
Apr 19, 2000
2
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Hi,

Anyone know what the legal obligation is in terms of paying rent when living with room mates and all room mates are on the lease ?

I have a room mate that is going to leave and was paying there share of the rent. I am wondering who is obliged to pick up the missing rent ? Other people who have signed the lease or will the management of the apartment take that up with the room mate ?

Thanks
 

slipperyslope

Banned
Oct 10, 1999
1,622
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I believe that if the roommate leaves you and the other roommates have to pick up his portion of the lease. I know it sucks but I think that is the way it works.

Jim
 

AndrewR

Lifer
Oct 9, 1999
11,157
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All tenants are liable for the full rent, regardless of what the others do. If four people live in a house, and three don't pay, the landlord can sue one of them to recover the full amount. Similarly, if one person leaves and the three stay but don't pay, the landlord could go after that fourth person even if he's not living there since his name is still on the lease.

Now, nothing about that precludes the tenants who remain from suing the one who leaves. I haven't done any research on that one, but I would think you could put forth a viable claim for a breach of an implied promise to pay a portion of the rent -- at least up until the time that a person comes in to replace his portion.

One of the many reasons why I rented alone as soon as possible.