In Practice
Joint and several liability means every resident on the lease owes the whole amount, together and individually. If three roommates share a lease and two leave, the one who stays can be asked to cover all of the rent.
Most multifamily leases include this clause. It lets you collect from any one resident, not chase each for a share. It also affects how you handle roommate changes, move-outs and deposits. When one roommate leaves, the lease often stays in force for everyone until it is amended or replaced, unless your policy and local law say otherwise.
Example: roommates A, B and C owe 1,800 dollars. B moves out and stops paying. A and C each remain liable for the full 1,800 dollars, even if they only agreed to split it three ways.
The common mistake is promising something verbally that the lease does not say, such as releasing a roommate. Put every change in writing through an addendum or new lease. Explain the clause to applicants at signing, since many do not realize it. Check state law and ask counsel on how it applies to you.
Joint and Several Liability: Common Questions
What does joint and several liability mean on a lease?
Each person on the lease is responsible for the full rent and obligations, not only their own share.
If a roommate leaves, who pays their share?
Under joint and several liability, the remaining residents can be held responsible for the full amount until the lease is changed.
Can you collect all the rent from one roommate?
Often yes, if the lease contains the clause and state law allows it. Check your lease wording and local law.
