Finding yourself in a situation where your roommate won’t pay rent is frustrating. Many renters decide to share a property with one or more roommates to cut costs, but what happens if your roommate won’t pay rent and is on the lease? Also, what can you do when a roommate who is not on the lease is not paying rent? Can you sue a roommate for not paying rent?
You may get evicted if you don’t adequately pay your rent, so this is a situation you can’t afford to ignore. Dealing with a roommate who refuses to meet their rent responsibilities can be tricky. Fortunately, we have a few tips to help you sort out the situation.
What should yo do when your roommate stops paying rent?
Being in a situation where your roommate stops paying rent can be challenging. It’s important to communicate openly to understand their reasons and find a solution. Review your lease agreement, consider involving your landlord, and explore legal options if necessary. Finding a new roommate or covering their share temporarily might be needed. The goal is to maintain a balanced living situation while addressing the financial issue. Follow the below steps if you find yourself in a situation where your roommate is not paying rent:
1. Have an honest conversation with your roommate who won’t pay rent
A good conversation with your roommate can hopefully solve the situation. Schedule a meeting when everyone on the property has time to talk about the issue. Make sure your roommate understands when rent is due and how much they owe. Reference a written roommate agreement during your conversation if you have one.
Ask your roommate why they haven’t paid their share and assess if it’ll be an ongoing issue. If the roommate has a temporary cash-flow problem, perhaps you could cover their rent and get them to repay you in installments. If they’ve lost their job and can’t find another, you may need to take further action.
2. Keep records
If you believe that your roommate’s situation will be a recurring problem, you should prepare to take legal action. Start keeping records of your roommate’s rental payments and nonpayment, when they make payments, and any extra money you pay to cover the rent. Also, write down the communication you have about the issue. Also, keep track of any damage to the property. These records will serve as evidence if you need your roommate evicted or taken to small claims court.
3. Reference your lease
Read your lease to understand your rental agreement and how your roommate’s nonpayment may impact you. If you don’t have a copy of your lease, ask the property manager for one. If you’re the only person on the lease, you’re ultimately responsible for rent getting paid in full. However, you can have your nonpaying or late-paying roommate evicted. If your roommate is the only person on the lease, they’re responsible for the rent getting paid. Their nonpayment won’t impact your credit score, but you all could get evicted.
If you and your roommate are both on the lease, check the wording of your lease agreement carefully. Common arrangements are:
- Jointly liable. You’re both responsible for paying rent in full. If your roommate doesn’t pay rent, you must pay their share.
- Severally liable. You’re only responsible for your share. The property manager pursues your roommate’s share of the rent, and their nonpayment won’t impact your living situation or credit score.
- Jointly and severally liable. You’re both responsible for the total rent amount, but you can sue for any rent you pay for the roommate.
Some people rent without a formal lease. Local renter laws apply if you don’t have a rental agreement.
4. Research local renter laws
Every state has renter laws that govern how much notice renters need before an eviction. Some cities also have local renter laws. If you’re the only person on the lease, you must follow relevant local ordinances when evicting a roommate. A legal advisor familiar with renter laws can also offer advice if you’re unsure how to proceed if your roommate won’t pay rent.
5. Talk to your property manager
Property managers want to keep reliable tenants in their properties, so it’s in their best interest to help you out. If you can’t find a suitable solution, be honest with your property manager about the situation. They may evict your roommate if they are the listed tenant. They may also create a new lease listing you as severally liable for rent.
6. Start looking for a new roommate
If your roommate doesn’t pay rent, it may be time to find one who will. Ask your friends if anyone would like to move. You may also want to make public posts on social media, so your friends can share them with their friends. You could expand your roommate search by using apps like Roommates.com or Roomiematch. Interview potential roommates and ask them about their employment to gauge their financial stability.
Give your existing roommate the required amount of notice before moving someone new in. Let your property manager know about your new roommate and ask them to run background, income, and credit checks to avoid similar problems. You could also create a roommate agreement for your new roommate, which clearly shows the rental schedule and their share of the rent. You can use this signed document as evidence if you need to take your new roommate to small claims court.
7. Consider legal action
You may be wondering, “Can I sue a roommate for not paying rent?” In short, yes, but you need evidence.
Property managers are responsible for evicting renters and residents. But you may sue a former roommate. You might have a strong case if you paid their share of the rent, the roommate was on the lease, and you had a formal roommate agreement. You can also sue if your roommate was not on the lease, but you still need to provide compelling evidence.
Before taking your roommate to court, consult with a lawyer to see if you have a case. If you decide to sue, prepare for a long and expensive process. Court cases can take months or even years to resolve, so make sure you’re ready for the commitment.
8. Move out of the rental
Moving out of a rental can be disruptive, but it may be your best option if your roommate won’t pay the rent and you can’t find a new roommate to take their place or cover the rent without one. Get back in touch with your property manager if you decide to take this step and explain your reasoning. If you have been a reliable renter, your property manager will likely give you a good reference. They may even understand your situation and waive any fees if you need to break the lease.
You might want to move in with family members or friends while taking stock of your living situation. You could find a new roommate who is more reliable or skip any potential drama and move into a studio or one-bedroom apartment that you can afford on your own.
Final thoughts
Dealing with a roommate who won’t pay rent can be challenging, but you need to sort the situation out for your financial stability and peace of mind. Follow these tips, and you should soon convince your roommate to pay up or move out before they impact your rental reputation and living situation.
Frequently asked questions
If your roommate stops paying rent, the first step is to have an open and honest conversation with them. Understand their reasons and try to find a solution together, such as negotiating a new payment plan. If communication fails, consider involving your landlord and reviewing your lease agreement for guidance.
If your name is on the lease agreement, you are typically jointly responsible for the rent. If your roommate doesn’t pay, you might be held accountable for the entire amount. Check your lease to understand the terms.
If the situation doesn’t improve after discussing with your roommate, it’s advisable to inform your landlord. They might have policies in place for such situations and can guide you on the next steps.
Depending on your jurisdiction and lease agreement, you might have legal options if your roommate consistently fails to pay rent. Eviction procedures vary, so consult local laws and seek legal advice if needed.
Yes, finding a new roommate might be a viable solution. Make sure to inform your landlord and follow any procedures outlined in your lease agreement for adding or removing roommates.
If your roommate refuses to leave after not paying rent and you have exhausted all other options, you might need to pursue legal eviction proceedings. Consult local laws and consider seeking legal assistance.
To prevent such situations, establish clear roommate agreements before moving in together. Outline responsibilities, including rent payment, in writing. Communicate openly and address any issues promptly to maintain a harmonious living situation.
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