One lease, three tenants on lease, one leaves before lease is up and doesn't pay rent.

Asked about 4 years ago - Concord, NH

I live in a rented house with one lease and three signers of the lease. One of the signers left before lease was expired and refuses to pay rent owed by his part.

Attorney answers (2)

  1. J. Leonard Sweeney III

    Contributor Level 9

    Answered . You and your remaining roommate are most likely responsible for the full amount of the monthly rent. Should you fail to pay it would typically be cause for eviction. I believe your best solution to be to continue to pay the full rent and search for a new third roommate with the consent of your landlord. You may have an action against the roommate that vacated as well.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Cameron Royal Kelly

    Contributor Level 10

    Answered . Each of the tenants probably liable for the entire amount of the monthly rent to the landlord. The landlord will collect from whatever tenant or tenants are the easiest. In this case, that will probably be the two tenants who still live in the property. My recomendation is to make sure that you and your remaining roommate continue to pay 100% of the rent on a monthly basis.

    For each month that your third roommate does not pay rent, you will have been damaged in the amount of that roommate's proportionate share. You can sue that third roommate for contribution, but be careful, the court may only award you the amount that the roommate is past due. Try arguing that the roommate has repudiated the lease, and that you should be awarded a judgment even before the future rents come due. Better yet, get an attorney to make the argument for you. Having an attorney help may be the difference between getting this taken care of quickly or not.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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