Whether your roommate found you on Craigslist or RoomieMatch, or if it’s someone you’ve known for a long time, once you’re living together in close quarters, anything can happen and personalities often clash. But what happens if it’s so bad the legal system gets involved? Can your roommate sue you? Are there valid reasons for you to sue your roommate?
In America, anyone can sue anyone if you pay the filing fee, so yes, it’s possible. But leases often make it difficult to win a case.
Who is responsible for what
When you and your roommate sign a lease, you’re jointly responsible for the sum total of the rent and all the terms of the lease. Most leases spell this out as being “jointly and severally” liable.
Regardless of the number of roommates, you’re responsible to the landlord as a group but only responsible as individuals to each other. Any agreement relating to whom is accountable for what is between you and your roommate(s), so put it in writing.
It’s up to the two (or more) of you to decide the details, like who pays more if one bedroom is bigger or by what date you must send in your rent check. To make this easier, it’s a good idea to set up a roommate agreement that covers how you’ll be splitting space, utility bills and household chores.
With very rare exceptions, your lease will not state you owe x dollars and your roommate owes y, or you are responsible for this and they’re responsible for that.
Ultimately, all your landlord cares about is getting paid in full by someone. Everyone must follow all the terms, and if one person doesn’t follow them — this means no one is following them.
1. Suing you for unpaid rent
If you’re not paying your share of the rent, or are withholding your portion over a disagreement, your roommate can sue you in small claims court for your portion. As mentioned earlier, your landlord doesn’t care where the money comes from as long as it comes in. If you don’t pay, your roommate is left to pay the full amount.
So now, you’re in court. If you’ve simply refused to pay, the judge will need a valid reason why not. If you’re withholding payment because of a disagreement with your roommate, the small claims court can arbitrate and return a verdict stating if your roommate does a (fixes your stereo they broke, stops throwing weeknight ragers), then you do b, which is to pay your share. Or they can simply tell you to figure it out like adults and dismiss the case.
If you haven’t paid due to financial hardship, the judge can arbitrate a binding payment plan between you and your roommate so you can catch up to back payments. And if you truly did pay and your roommate says you haven’t, you’re going to have to show up with evidence of payment such as a canceled check or deposit slip.
But none of this absolves you from the wrath of your landlord. Regardless of the reason you haven’t paid your half, your landlord can evict both of you for non-payment because their concern is full payments each month.
And remember, your roommate can’t evict you, only your landlord can. And if it’s for non-payment, it will most likely be the both of you out on the street, regardless of who didn’t pay their share.
2. Suing you for moving out
If your lease says you can’t vacate the apartment without notice, that applies to you as a group, not to each of you individually. If just you alone move out without warning, you as a group haven’t broken your lease — your roommates still occupy the unit under terms of the lease and nothing’s changed legally.
What you have now done is put your now-former roommates in a position where they’re responsible for the cost of rent and utilities without you, because even if your name is on the lease, those left behind are still responsible to follow the lease agreement in full. You can see why your roommates would be upset.
Just like the rent, your landlord doesn’t care how many fewer people live in the apartment, as long as they get paid. So your former roommates’ only recourse to get back the rent you walked out on and stuck them with is to try to sue you in small claims court.
Unless your lease specifically says every person listed on the lease must remain until the expiration of the lease or you have a separate written agreement with your roommates saying you won’t move out before the end of the lease, your litigious roommates don’t have much of a legal leg to stand on.
A sympathetic small claims court judge might decide to hold you liable for rent since you moved out and until your ex-roommates find someone to take your place, but the judge is not obligated to. The bottom line is you can certainly move out on your roommates without notice, leaving them holding the bag. But doing so certainly won’t win you any popularity contests.
3. Suing you for getting everyone evicted
Conversely, if something you did causes everyone to get evicted, you might be much more liable because of actual damages. If you’re the reason your all tenants get thrown out, that’s a real hardship you’ve put on your roommates and they can certainly sue you.
In most states, a landlord can toss you individually or boot everyone because of what you did — it’s often up to them to decide. But if what you did was so egregious that everyone lost the apartment, and your roommates didn’t do anything wrong, expect a real lawsuit to come your way, as this has risen to a station above small claims. This is a big claim, and not just about finances. Eviction can cause job loss, a hit to your credit rating or even homelessness — you would be responsible for this.
If you’ve broken your lease, your landlord has every right to evict you and your roommates. Your roommates probably have no legal recourse with the landlord, so they’d have no choice but to go to court.
So if you’ve done something (or not done something) that causes everyone removed from the apartment, go talk to your landlord, cop to what you alone did and ask them very kindly and nicely not to take it out on your roommates. It’s the right thing to do and might keep you out of court.
Don’t forget that these are all potential reasons to sue your roommate if you’re the one being stiffed for unpaid rent.
A note about subletting
Keep in mind, everything above concerns an equal roommate, or legally a “cotenant,” who has signed the lease. If you’re subletting to a roommate, that complicates each situation, depending on the agreement you have with your subletter.
If you don’t have an agreement with them, you’re most likely out of luck. And if you have a subletter and your lease states you can’t have one, you’re definitely out of luck.
Please note, laws and regulations differ from state to state, municipality to municipality. This is a generalized discussion. Be sure to check your local laws and statutes for details.
What to do if your roommate sues you
Whether you are looking for reasons to sue your roommate or they file a suit against you, the process can be tricky. Here are steps to take if you face legal action:
- You will receive notice of the suit in writing, so read through all the legal paperwork so you understand exactly what your roommate is accusing you of
- If you’re being sued in small claims court because you did indeed stop paying rent, the easiest way to resolve the dispute is to pay your roommate in full or negotiate a settlement.
- Consider trying to calmly talk things through face-to-face, or working with a trained mediator to find a compromise you can both live with.
- If you feel your roommate is wrongfully suing you and alleging you are in breach of your lease when you are not, you might want to consult an attorney.
Avoiding having reasons to sue your roommate
Of course, the best way to avoid legal issues with a roommate is to respect the lease and other agreements from the beginning. But if things get heated, knowing your rights and recourse will help you navigate the situation.
