Renting With Roommates – Part I

A roommate moving in or out can seriously affect a tenant’s relationship with his / her landlord. When two people sign a lease or rental agreement together, or even orally commit themselves as co-renters, in the eyes of the law they are to be viewed as co-tenants, with equal legal rights and responsibilities. However, in a special twist to the tale, a co-tenant’s negatively bad behaviour can have a profound effect on the other roommate’s tenancy.

Take for example, a scenario in which one of two roommates is refusing to pay his / her share of the rent. How the two split the rent between themselves, whether half and half, or an unequal division, is a decision dependent on their agreement with each other. Nevertheless, such agreements do not affect the landlord, as each co-tenant is independently liable to him / her for the entire rental amount. Read your lease or rental agreement carefully, co-tenants are often reminded by landlords of this obligation, by a string of legalese confirming the ‘joint and several’ liability of tenants, for paying rent and adhering to the lease or agreement terms. In the event, one tenant is unable to pay his / her share of the rent, or quite simply moves out, the other or remaining tenant(s) will be held liable for paying the full rent.

And, as a general rule, landlords insist on receiving just one rental cheque, as multiple cheques from co-tenants can prove to be a bit of a bother. As long as this policy is contained in the rental agreement or lease, it is entirely legal for a landlord to impose it.

Moreover, if one roommate violates a lease or rental agreement, a landlord is within his / her legal rights to hold all co-tenants responsible for the adverse actions of one of them. As well, he /she can also terminate everyone’s tenancy after issuing an appropriate notice. In other words, even if only one of them seriously damages the property, or otherwise violates the lease or rental agreement, both can be held liable, and if a landlord so wishes, he / she can evict both of them.

However, a number of landlords, in practice, act in a rather humane manner by sometimes ignoring the legal rule that holds all tenants equally liable for lease violations. They only penalise the guilty one, letting others of the hook. After that, it depends on the non-guilty parties to convince the landlord they should be allowed to stay on, and not face eviction because of their ex-roomie’s behaviour.

As for landlords, they should view taking of necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring whatever is promised in the rental lease is provided, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!