What happens if I signed a lease with someone who moves out?
Joint and Several Liability
Most leases with multiple tenants include a joint and several liability clause. This means each tenant is individually responsible for the entire rent, not just their portion. If your roommate moves out and stops paying, the landlord can come after you for the full amount. You'd then have to sue your former roommate to recover their share.
The landlord doesn't have to chase the missing roommate first; they can demand payment from any tenant. If you can't pay, you could face eviction, which harms your rental history. Even if you have a separate agreement with your roommate, it doesn't bind the landlord.
Options When a Roommate Leaves
You can ask the landlord to release the departing roommate from the lease and remove their name. The landlord may agree if you qualify on your own or find a replacement. Get any release in writing. Alternatively, you can find a new roommate to take over their share, but the landlord may need to approve and add them to the lease.
If the roommate simply leaves without being released, they remain liable for rent until the lease ends, but you're also still liable. You can try to negotiate a new lease with just your name, but the landlord isn't obligated. If you can't afford the rent alone, you may need to move out, but that could be a lease violation.
Common mistakes
- Thinking you're only responsible for your portion of the rent when you have a joint lease.
- Assuming the landlord will automatically remove the departing roommate from the lease without a formal release.
- Not communicating with the landlord about the situation, which can lead to surprise eviction proceedings.
