What if roommate refuses to pay rent?

By Tenant

Getting a roommate can be very practical especially if you are renting a two-room apartment. At least you will have someone to share the rent with and the utilities. If you are both on the lease agreement, then that means you will be jointly responsible for the rent payment. This means that if one you decides not to pay the rent, then the other roommate will still need to pay the full rent.

It’s like being tied to each other until the lease agreement is up. The fate of one roommate while renting will be the fate of the other roommate when renting. So when an eviction is filed, it will be on both your records.

The problem is, if your roommate knows about this and just doesn’t care, what should you do?

  1. Write a letter to your roommate reminding her of her part of the deal. Maybe your roommate just needs a little reminding. You can also include a copy of your lease agreement.
  2. If she no longer wants to be part of the lease agreement, she should inform your landlord about it. Your landlord can either release her from the agreement or keep her until the lease expires.
  3. Meanwhile, you can look for a replacement tenant to help you with the rent. If you cannot find a replacement tenant and your rent is up, you will be required to pay for the whole rent.
  4. If she hasn’t been paying rent for some time and it seems as if she doesn’t have any plans of paying, you can take her to small claims court. Yes, taking her to court can be a huge hassle and you may not get your money back. The only consolation that you will get is that she would have an eviction on her record.

The decision of whether or not to share the responsibility of rent with someone must only be reached after careful thought. Do not just jump into it because once you sign a lease agreement, the demands to keep your end of the deal will be great. An eviction can become an easy possibility and you don’t want that.

Filing a complaint

Although the responsibility of rent is shared by you and your roommate, your landlord will still need to respect your rights as a tenant. If needed, a 3-day pay or quit notice will still be filed, followed by the formal eviction process if you can’t pay the rent.

He should not just change the locks on you and throw you out. If your landlord does that, you should file a complaint. The RPA has a mediation center that you can access using this link: http://www.rentalprotectionagency.com/complaint_center.php

Edited on: Thursday, February 28th, 2013 1:33 am

15 Responses to “What if roommate refuses to pay rent?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Alejandro

February 28th, 2013 1:40 am

Your roommate must be held responsible in looking for a replacement tenant. If you’ve been friends, she would look back and consider your situation too.


Dianne

February 28th, 2013 11:40 am

Chances are, your landlord will not take her off the lease that easily. You might have to wait for the next renewal to drop her name off the contract.


Dian

February 28th, 2013 9:20 pm

Why would you pair off with an irresponsible roommate in the first place? You should have screened her well. Now you have to suffer for your impulsive and not well thought off actions.


Marchelle

March 1st, 2013 7:40 am

Roommate A is showing irresponsibility already. You cannot expect her to really find a replacement tenant for you. The responsibility of paying rent is already on your shoulders. Chances are, you’ll have to look for that replacement tenant too.


Quiana

March 1st, 2013 5:40 pm

What? Your roommate just expects you to save her from her rent responsibilities? Sue her in court. Your friendship is already over the moment she “forgot” about her rent responsibilities.


Malena

March 2nd, 2013 3:40 am

Right. And let me just emphasize that you really cannot expect her to find a replacement tenant for you. The remaining tenant will always have the responsibility of mitigating damages. However, you would need to check with your landlord if they would allow a replacement tenant or a sublease.


Ronny

March 2nd, 2013 1:46 pm

What if the landlord would not allow a replacement tenant? What then?


Crissy

March 3rd, 2013 12:00 am

Then you will have to shoulder the entire rent for the rest of your term. If you can?t do that, then you might have to break the lease agreement and look for a cheaper place to stay.


Keli

March 3rd, 2013 10:00 am

Ask help from your landlord. You are still his tenants and your dispute will still affect his business.


Darnell

March 3rd, 2013 8:00 pm

Check your lease agreement and your state tenant laws. What do they say about your situation?


Roy

March 4th, 2013 6:00 am

Sue her. That’s the best advice I can give you.


Moira

March 4th, 2013 4:20 pm

Maybe she bailed out on you because of something you did?? Try to talk to her and see why you bailed out. Her excuse of not having enough money to pay for the rent may just be a cover for something else.


Niki

March 5th, 2013 2:20 am

Why would the roommate even bother to come back if she has already found herself another person to depend on to?


Donella

March 5th, 2013 12:40 pm

I think that’s very irresponsible of your roommate. This is a lesson that you just had to learn the hard way. Next time, be more careful on your choice.


Otto

March 5th, 2013 11:00 pm

If you take her to court, she might just tell the judge that she has no money. Maybe she really doesn?t care about an eviction on her records. Poor you.


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