Joint and several liability with roommates
Standard in roommate leases — but it means if your roommate skips out, the landlord can come after you for 100% of the rent and damages, not just your share.
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What it actually means
'Joint and several liability' means every tenant on the lease is individually responsible for the entire rent and every dollar of damages — not just their portion. If three of you sign and one roommate disappears, the landlord can sue you (or any one of you) for the full unpaid balance.
It's the default in nearly every multi-tenant residential lease in the US, so seeing it isn't unusual. What matters is your roommate agreement on the side, because the lease itself won't help you enforce 'fair shares' against each other.
What it looks like in a lease
"Each Tenant signing this Lease shall be jointly and severally liable for all obligations of Tenant hereunder, including without limitation Rent, late fees, damages, and attorneys' fees."
What to watch for
- Whether the clause survives a roommate moving out (it usually does, until lease end)
- Whether you can be released by adding a replacement tenant the landlord approves
- Whether the landlord must apply security deposit refunds proportionally or to one tenant
How to negotiate it
Hard to remove — landlords almost always require it. Instead, ask for a 'replacement tenant' clause: if a roommate leaves and you find a qualified replacement the landlord approves, the departing tenant is released and the new one is added. Always sign a separate roommate agreement covering rent shares and a buyout if someone leaves.
When it crosses into a red flag
- Liability extends past lease end with no time limit
- Landlord can refuse to consider any replacement tenant
- Any one tenant can renew or modify the lease for everyone without consent
Frequently asked questions
Can the landlord sue just one of us for the full rent?
Yes — that's exactly what 'joint and several' means. The landlord can pick whichever tenant is easiest to collect from and sue for the entire amount, leaving you to chase your roommate for their share separately.
What if I just want to move out without breaking the whole lease?
Your name stays on the lease and your liability continues until the lease ends or the landlord formally releases you in writing. Just leaving a key and moving out doesn't end your obligation.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
