Joint & Several Liability
Often several students will rent a house or apartment
together. If everyone in the house signs a lease together you should be
aware of a concept known as "joint and several liability." Most
rental agreements have a joint and several liability clause.
A "joint and several liability" clause makes every signer of the rental agreement responsible for the entire amounts due and owing.
Each tenant is individually responsible for all of the rent and all
of any damages that occur regardless of the means the tenants use to
divide the rent among themselves and regardless of which tenant
actually causes the damage. If one person does not pay the rent, the
other roommates are liable to the landlord for payment of that person's
share or they are all subject to eviction for non-payment of rent. It
is up to the other tenants, not the landlord, to collect from the
non-paying tenant.
This means that if your roommates desert you, or damage their rooms
beyond repair, your landlord can sue all of you, or perhaps just you
and you may be liable for the entire amount.
This can become a bigger problem in "group home" situations.
Initially, a number of people sign a lease, but then people sequence
through the house. Some move out, new people move in -- and then some
of the people who originally signed the lease are no longer there.
Under the joint and several liability clause, if legal disputes arise
or back rent is owed, the house's landlord can pursue all the original
signers of the lease for remedy, or the landlord may choose to
concentrate on the one or two left in the house.
It is important to protect yourself by choosing roommates you
can trust and keeping your landlord informed when you vacate your
rental property and following the requirements in your lease when
moving out.
Remember: The most important step in protecting your rights as a tenant is to read your lease and understand what your responsibilities are when you sign it.
A note regarding security deposits:
The security deposit can be a special problem in shared housing.
Landlords are seldom willing to inspect whenever one person leaves a
group lodging. They often hold the total security deposit until all
original lease signers have vacated. Therefore, tenants need to reach
their own agreement about how they will handle the return of individual
shares of the deposit.