The Legalities of Living With a Roommate

Living with a roommate can make good financial sense and be fun. Unfortunately, sometimes the roommate relationship doesn’t work out. Your roommate might stop paying their share of the rent or utility bills. They may also damage the rental unit or cause problems with your neighbors. What do you do then?

Roommate situations can be tricky. Many legal issues can arise when you and your roommate stop getting along. Before you decide how to deal with the problem, you should talk to an expert in landlord-tenant law. They can explain your options and give you legal advice.

What Is a Roommate?

Generally, a roommate is someone with whom you share a living space and who is not a family member. Roommates are sometimes also called housemates, flatmates, or dormmates. Roommates fall into two categories: co-tenant and subtenant. There are significant legal differences between them.

A subtenant is a living arrangement in which someone sublets a rental unit from you. A subtenant does not sign a rental agreement with your landlord, so they don’t have any legal obligation to the landlord. However, you’re still responsible for fulfilling the lease terms as the primary tenant.

A co-tenant is a living situation where all renters sign a lease agreement with the landlord. You all have the same rights and legal obligations to the landlord.

What Are the Legal Risks of Having a Roommate?

You’re solely responsible to your landlord when you sublet. For example, if your subtenant damages the property, your landlord will go after you for repairs. It’s a good idea to give your sublessee a copy of your rental agreement so they know the rules that apply to the rental. Signing a sublease agreement with your subtenant is also a good idea.

Co-tenants have a legal obligation to the landlord, sometimes called “joint and several liability.” That means you’re both responsible for complying with the lease terms and can both be punished if one of you violates the lease.

You and your roommate are responsible for the entire rent amount. You likely have an agreement with your roommate to split the rent. If your roommate doesn’t pay their share, you must pay the total rent to avoid problems with your landlord. That applies even if your landlord has agreed to accept separate payments from you and your roommate.

If your roommate violates the lease terms, your landlord can evict you and your roommate. In some cases, your landlord may only evict your roommate. However, you would be responsible for the entire rent amount.

Note that you can’t start eviction proceedings against your roommate. Eviction is a process for your landlord. You can head off roommate problems by having a roommate agreement.

What Is a Roommate Agreement?

A roommate agreement is a written agreement between roommates. It’s advisable to have one when you get a new roommate. A roommate agreement states what’s allowed and not allowed in your rental unit. It can cover simple things like a cleaning schedule. It can also state the amount of rent each roommate must pay. It may also outline the requirements when a roommate wants to move out.

Courts will likely only enforce some things in a roommate agreement. For instance, you probably can’t sue your roommate because they didn’t do the dishes. However, a court may enforce other parts of the agreement, like rent or moving out. You can try to sue your roommate in small claims court if they break the agreement.

What Should I Put in a Roommate Agreement?

Your rental agreement should fit your specific situation. Following are some examples of what you can include:

• Your and your roommates’ names
• When the lease begins and ends
• The rental property’s address
• The amount of rent each of you must pay and how you make the rent payments
• Who is responsible for the security deposit
• Who pays the utilities
• Who gets which bedroom
• Quiet hours
• Whether pets are allowed
• Rules for parties and overnight guests
• Rules for moving out, like giving a 30-day notice
• Which state landlord-tenant law governs the agreement

Contact a Landlord-Tenant Attorney for Help

Living with a roommate can be a great idea when things go right. However, it’s essential to protect yourself in case the relationship sours. A landlord-tenant attorney can help protect your legal rights in a roommate dispute.