Renting With Others
Learn to avoid disputes among roommates or with the landlord.
When two or more people sign the same rental agreement or lease -- or enter into the same oral rental agreement -- they are cotenants and share the same legal rights and responsibilities. However, there's a special twist. One cotenant's negative behavior -- not paying the rent, for example -- can affect everyone's tenancy.
When One Roommate Doesn't Pay Rent
Cotenants may decide to split the rent equally or unequally, depending on their personal wishes. However, such agreements don't affect the landlord. Each cotenant is independently liable to the landlord for all of the rent. Landlords often remind cotenants of this obligation by inserting into the lease a chunk of legalese that says that the tenants are "jointly and severally" liable for paying rent and adhering to terms of the agreement. If one tenant can't pay a share of the rent in a particular month, or simply moves out, the other tenant(s) must still pay the full rent.
Landlords often insist on receiving one rent check for the entire rent -- they don't want to be bothered with multiple checks from contenants, even if each contenant pays on time and the checks add up to the full rent. As long as you have been advised of this policy in the rental agreement or lease, it's legal for your landlord to impose it.
When One Roommate Violates the Lease or Rental Agreement
A landlord can legally hold all contenants responsible for the negative actions of just one, and terminate everyone's tenancy with the appropriate notice. For example, two contenants can be evicted even if only one of them seriously damaged the property or otherwise violated the lease or rental agreement.
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