The Common Law: My Future Roommate Backed Out – Now What?

A few months ago a friend and I signed a lease to move into a two-bedroom starting this August. But then she decided to move in with her boyfriend before our lease started, and now she won't pay her share of the rent. Even though we both signed the lease, the landlord says that she expects me to pay the entire rent. Can I really be forced to pay all of the rent?

Most likely yes. The answer will depend on the terms of your lease. A landlord can typically hold a tenant responsible for the entire amount of the rent because, as a general rule, most lease agreements require each tenant to agree to be responsible for the entire rental payment. This is one reason why landlords usually encourage as many people as possible to sign the lease: It gives them more options to recover unpaid rent because they can go to each tenant to seek the entire rental payment.

Some leases contain clauses that apportion the rental payments between specific tenants; however, these clauses are rare. You should read your lease to see if it contains a clause stating that you are only responsible for partial payment of the rental amount.

Assuming you are on the hook for the entire payment, there are other options that could help you avoid footing the bill for your flaky (ex-)roommate. One practical option is to try to find another roommate (subject to the landlord's consent). You could also try to get out of the lease altogether if you can find new tenants that are interested to take over the lease (also subject to landlord's consent). You will likely have to make the landlord whole for any interim lost rent even if either of these two options are approved. Finally, if you do pay all the rent, you could consider asserting a separate claim against the roommate who moved out to recover her share of the rent. The main point of this question is clear — choose your roommates with caution when signing a lease!