A roommate is a type of tenant that is responsible to either the landlord of a property or to the tenant who is named on the title or lease of the property. In general, a roommate may be classified as either a joint tenant or as a subtenant.
If a roommate is considered to be a joint tenant, each roommate who is named on the lease is completely responsible for the amount of rent that is owed to the landlord of the property each month. This also means that each of the roommates who are named on the lease have an equal share of the tenant rights.
If a roommate is considered to be a subtenant, it means that they are subletting the property. Renting an apartment or a home typically involves signing a lease for a certain amount of time.
If, during that time, one of the tenants is planning not to live at the property for a while, they may be able to rent that space out to another individual. Renting out an apartment or house without being a landlord is referred to as subletting.
When a roommate is not named on a lease agreement and they sublet, they are responsible for the share of the rent that the roommate who is named on the lease is supposed to pay.
The laws governing roommates vary by state. For example, in Texas, a landlord is not permitted to evict a non-paying roommate if their name is one the lease.
What Happens if Your Roommate Moves Out?
Having a roommate can create a whole new level of financial responsibility for an individual, especially when the roommate moves out. In general, the roommate who wants to move out is responsible for providing the landlord with proper notice.
That roommate must also pay their rent through the end of the notice period. It may be helpful for roommates to enter into a roommate agreement.
Roommate agreements are separate from leases. They are contracts that are made between two or more individuals who reside in the same rental unit.
These agreements are generally intended to govern any areas of contention that may arise in a shared living space as well as ensure that all of the roommates rights are being respected.
Examples of issues that roommate agreements may contain include, but are not limited to:
- Which roommate will collect the rent and give the payment to the landlord;
- The amount of rent that each roommate will owe and when it is due;
- Which roommate will claim what bedroom;
- Which roommates are responsible for which household chores;
- Whether the roommates agree to share food and how the food should be marked or stored if they do not;
- Acceptable noise level which may vary depending on time of day;
- Whether overnight guests are permitted;
- How moving out prior to the lease termination should be handled by the remaining roommates; and
- How quiet time is to be respected.
The roommate move out agreement may also include penalties that may apply to individuals who do not comply, including fines or requiring the roommate to move out.
If You Want to Stay
An individual’s ability to stay in their unit after their roommate moves out will depend on their financial and living situation. Although a roommate leaving may lead to the landlord evicting an individual even if they can afford the rent, the landlord should consider other factors.
A landlord has the option to evict an individual when their roommate leaves because both individuals are breaking the terms of the lease.
How to Get Landlord’s Approval for New Roommate
When an individual’s roommate leaves, they may need to find a new roommate in order to afford the rent. The proper way to handle this is to obtain the landlord’s approval and go through the application process.
In the majority of cases, the lease will have a clause against subleasing. If an individual subleases without their landlord’s approval, the landlord will have the right to evict them.
What to Do if a Roommate Moves Out before a Lease Ends
If a roommate moved out without notice or no lease, it effectively leaves their roommates holding the bag. If the roommate was named on the lease, they may not be able to get out of the lease early and will be legally responsible for their share of the rent.
Unfortunately, the only way to enforce this issue may be by suing the roommate for their remaining share of the rent. If, however, that roommate is not named on the lease, the roommate that is named may be held liable for the full amount of rent that is owed to the landlord.
Whether or not an individual can sue their roommate will depend on the state in which they reside. This type of claim is likely to be most successful in small claims court.
Every state has its own limits on claims that can be filed in small claims court. If the amount an individual is owed exceeds this limit, it may be helpful to consult with an attorney.
There may also be other reasons an individual has to sue their roommate. including:
- The roommate failed to pay their portion of shared bills;
- They damaged the furniture;
- Their dog damaged the fence;
- The individual lent them money that they did not repay; and
- They hit your vehicle, and it needs repair.
As previously noted, the departing roommate will be liable for their portion of the rent and damages when they leave.
What if My Roommate Moved Out without Paying Rent?
If an individual’s roommate moves out early without paying their rent, the individual should check their lease to see if there is a provision allowing them to end the lease early by paying a fee. Should they decide to do so, they will no longer be responsible for the lease.
However, they will be required to find another place to live. A joint tenant cannot be evicted by their fellow tenants.
This is because their contract is with the landlord and not with the other tenants. Some states allow a tenant to evict a subtenant without a landlord.
In other states, the tenant acts as the landlord to the subtenant. The landlord of the property may evict any of the roommates, regardless of their status as joint tenants or subtenants.
If a tenant is unhappy with their subtenant, that tenant should consult with their landlord about the issue prior to taking any other action. Although a landlord may evict a roommate, they may also reverse the actions of certain tenants under some conditions which vary by state.
It is important to note that all evictions made by a landlord must be legal. The landlord must provide prior notice and obtain a court order to have law enforcement remove the tenants.
What if You Want to Move Out as Well
If an individual also wants to move out, they will need to provide their landlord with the proper 30 days notice. In most cases, the lease will specify the requirements for notice.
The individual will also be responsible for their share of the remaining rent.
Consulting an Attorney
If you have any issues, questions, or concerns related to leasing, subleasing, or breaking a lease, it may be helpful to consult with a landlord-tenant lawyer. Your lawyer will advise you of the laws in your state and the available options for your case.
