Joint and several liability in a lease, explained for roommates

What the phrase means

"Jointly and severally liable" is one of the most important phrases in a shared lease, and one of the easiest to skim past. It means two things at once:

• Jointly: all the tenants are responsible together for the rent and the condition of the home.

• Severally: each tenant is also responsible on their own for the full amount, not just their share.

In practice, the landlord doesn't have to chase each roommate for their portion. If the rent is $2,400 and one of three roommates stops paying, the landlord can usually ask any of the tenants named on the lease for the missing $800, or for the whole $2,400 if no one pays.

Sample clause (fictional): "If more than one person signs this lease as Tenant, each is jointly and severally liable for all obligations under this lease, including rent and damage."

Some leases don't use the phrase at all but say the same thing in plainer words, such as "each tenant is responsible for the full rent." Read for the meaning, not just the label.

What official bodies say

The idea is common across the US, Canada and Australia, though the details vary.

• Ontario. The guide to Ontario's standard lease says that where there is more than one tenant, "each tenant is responsible for all tenant obligations, including the full amount of rent."

• Victoria. Consumer Affairs Victoria says co-renters can be asked to pay other co-renters' unpaid rent, or pay to fix damage they caused, "even if they have moved out."

• Queensland. The Residential Tenancies Authority (RTA) says co-tenants can be jointly, or individually, liable for all the rent, and for the full cost of compensation if the agreement is breached.

• New South Wales. The Tenants' Union of NSW, a community legal centre, says co-tenants are jointly and severally liable and the landlord may pursue any co-tenant for the whole of a debt.

In the US, the rule usually comes from the lease itself and from state contract law. Many standard leases include the clause. If yours does, assume you could be asked for the full rent.

Who is (and isn't) a co-tenant

Joint and several liability normally applies to the people named as tenants on the lease. That's different from:

• An occupant who lives there but didn't sign. Their legal position varies by place.

• A subtenant who rents from one of the tenants, not from the landlord. Their agreement is with that tenant. California's Department of Real Estate (DRE) explains that in a sublease the original tenant stays responsible for the rent to the landlord.

• A co-signer who signs to back up a tenant's payments. Their liability depends on the wording of what they signed.

If you're moving into a shared home, find out which of these you'll be. It changes what you can be asked to pay.

Five situations where this clause matters

1. A roommate stops paying. The landlord can usually claim the shortfall from anyone on the lease. Your private deal with your roommates doesn't change what you owe the landlord.

2. A roommate moves out early. Moving out doesn't automatically take someone off the lease. In Victoria, co-renters can stay liable even after leaving.

3. Damage in a shared room. If the landlord claims for damage, each tenant on the lease may be responsible, even if one person caused it. Our guide to normal wear and tear vs damage explains what usually counts as damage.

4. The security deposit. Deductions are often taken from one shared deposit. In Queensland and NSW, there are official forms to record a change of bond contributors when someone leaves.

5. A roommate is replaced. Many places require the landlord's consent before a new person moves in. Victoria, for example, says you must get the rental provider's consent first.

How people protect themselves

You can't usually negotiate the clause away with the landlord, but you can reduce the risk.

• Choose roommates carefully. You're taking on their payment habits as well as their company.

• Write a roommate agreement. List each person's share of rent, deposit and bills, how much notice someone must give before leaving, and how damage costs are split. It won't bind the landlord, but it gives you a record between yourselves.

• Pay rent together, and keep proof. Some groups send one combined payment so a missed share shows up straight away.

• Leave properly. If you're moving out, ask the landlord in writing to remove you from the lease or to sign a new lease with the remaining tenants. California's DRE notes that for the original tenant to be fully released, all parties must agree in a written arrangement it calls a novation.

• Sort out the deposit. Record who paid what, and use your area's official form if there is one when the tenants change.

• Check the move-out condition together. Take dated photos of shared and private areas.

Ending your liability

Leaving a shared lease cleanly is harder than joining one. The common routes are:

• the landlord agrees in writing to release you, often with a new lease for the people staying

• a replacement tenant takes over your place, with the landlord's written consent

• a tribunal or court order, in some places and circumstances

• special protections in some areas, for example for people leaving family or domestic violence. Your local tenancy body can explain what applies.

Notice periods and forms differ by state, province and territory. If you're leaving before the end date, our guide to breaking a lease early covers what leases usually say.

Questions to ask before you sign

• Does this lease make each tenant responsible for the full rent?

• If one of us leaves, how do we take them off the lease, and is there a fee?

• How will the deposit be handled if tenants change?

• Can we add a new roommate, and does that need your written approval?

• Will you accept one combined payment or separate payments from each of us?

Get the answers in writing, by email if nothing else, so everyone has the same record.

Have your shared lease read line by line

EasyToDecode, launching soon, is being built to read your own lease, quote the clauses on liability, deposits and replacing a tenant, flag what the lease doesn't say, and prepare questions you can send before anyone signs. See how it works or join the waitlist to hear when it opens.