Roommates on a Lease: Joint vs Individual Liability

One lease, several names — the difference between joint and individual liability decides who pays when a roommate leaves.

Joint and several liability

The default in most leases: every named tenant is responsible for the full rent, not a share. If two of three roommates stay and one leaves, the landlord can pursue the remaining two for the entire amount. Individual leases (common in student housing) remove that risk but are harder to qualify for.

The roommate agreement fills the gap

A separate agreement between tenants (not with the landlord) splits shares, assigns chores and sets buyout terms. It cannot override the lease — if the lease is joint, the landlord still collects in full from whoever signed.

Replacing a roommate the right way

Landlord approval in writing, a new lease or addendum naming the replacement, and the departing tenant released in writing. Without the written release, the old name stays on the hook.

Screening replacements without fair-housing risk

Apply the same income, credit and reference standards to every applicant, in the same order, and write down why each decision was made. Roommate swaps attract fair-housing complaints precisely because the process is informal — the landlord who can show a consistent screening checklist wins every time.

Frequently asked questions

Can a subtenant take over my lease?

Only with a sublease or assignment the landlord consents to in writing — unapproved sublets violate most leases.

What if a roommate stops paying?

Under joint liability the landlord pursues all named tenants; sort shares in a roommate agreement, not with the landlord.