Joint and Several Liability for California Roommates

When renting with roommates in California, understanding "joint and several liability" is essential. This legal concept impacts how rent and damages are handled if someone moves out, doesn't pay, or causes problems. By learning your rights and obligations as a roommate, you can better protect yourself and avoid unexpected costs or disputes.

What is Joint and Several Liability for Roommates?

In most California rental agreements signed by multiple roommates, everyone is listed together as tenants. This means you are usually held "jointly and severally liable." Put simply, each roommate is individually responsible for the full amount of rent and for following all terms of the lease, not just their own share. If one person fails to pay or moves out unexpectedly, the landlord can require the remaining roommates to cover the total rent or any damages.

How Does It Work in Practice?

• If one roommate doesn't pay rent, the landlord can ask any or all of the remaining tenants to pay the entire outstanding balance.
• If there is property damage, any roommate can be held legally responsible for the full cost, not just a divided share.
• If a roommate moves out early without notice, everyone else is still required to fulfill the lease obligations.

For example, if three roommates share an apartment with joint and several liability and one person leaves, the landlord can collect the full rent from the remaining two tenants.

Relevant California Laws and Where to Get Help

Joint and several liability for residential leases in California is governed by the California Civil Code Section 1659 and supported by the state's Civil Code – Tenant Protections^[1]. The California Department of Consumer Affairs also provides guidance for renters and roommates through its Landlord-Tenant Guide.

Official Tribunal/Board for Tenancy Issues

• California Department of Consumer Affairs – Housing handles general rental questions and issues.
• Some cities, such as Oakland or Los Angeles County DCBA Rent Stabilization, have their own local boards or agencies for rent, eviction, and shared housing complaints.

Your Responsibilities and How to Protect Yourself

As a roommate in California, you must understand that joint and several liability can mean increased risk. Here are steps to keep yourself protected:

• Only sign a lease if you fully trust your roommates. You are equally responsible in the eyes of the law.
• Keep good written records and receipts for rent payments, security deposits, and communications.
• Discuss and put in writing a "Roommate Agreement" detailing how you will split rent, utilities, and responsibilities, even when it's not required by law.
• If a roommate moves out, notify your landlord right away and ask for a written amendment to the lease if possible.

What to Do If a Roommate Moves Out or Stops Paying

If a roommate leaves or doesn't pay their share:

• You and any other remaining roommates are still fully responsible for the full rent and other obligations.
• Contact your landlord to discuss your options, and see if you can find a replacement roommate (with landlord approval).
• Review your lease and the rules for subletting. Landlord approval is usually required to add or swap roommates.

If you want to formally remove someone from a lease or add a new tenant, below is the official process you may need to follow.

Key Forms for California Renters and Roommates

• Notice to Terminate Tenancy (Form 30/60/90-Day Notice)
  UD-110 Notice of Termination (PDF)
  Use when you or your landlord want to formally end a tenancy or evict a roommate in certain legal circumstances.
• Request for Change in Tenancy (No Official Statewide Form, but Required in Writing)
  If you want to remove or add a roommate, make a written request to your landlord. Some cities, such as Los Angeles, provide a roommate addition process online.
• Roommate Agreement (Optional, No Official State Form)
  This is a private contract between roommates. For guidance, see the State's tips on roommate agreements.

FAQ: Common Questions About Joint and Several Liability

1. Can my landlord make me pay my roommate's share of the rent if they move out?
   Yes. If your lease includes joint and several liability (which is common), the landlord can require any or all tenants to cover missed rent. You should discuss options with your landlord if this happens.
2. What if my roommate caused damage but already left the apartment?
   If damages occurred while all tenants were on the lease, the landlord can pursue any remaining tenants for the entire cost, regardless of who was responsible. You may need to seek repayment from your former roommate directly.
3. Can I get out of joint liability when my roommate moves in or out?
   No, unless the landlord agrees and amends the lease in writing. Otherwise, you remain liable until the lease term ends or is officially changed.
4. Is a formal roommate agreement legally required in California?
   No, but having one is highly recommended. It clarifies everyone's responsibilities and helps settle disputes between roommates, though it may not release you from obligations to your landlord.
5. Where can I go if I need help with a roommate or liability issue?
   Contact the California Department of Consumer Affairs for housing questions, or seek help from a local tenant rights group.

Summary: What California Roommates Need to Know

• Roommates on the same lease are usually "jointly and severally liable" for rent and damages.
• Protect yourself by keeping records and considering a written roommate agreement.
• If a dispute arises, know where to get help: start with your landlord, but reach out to state or local agencies for complex issues.

By staying informed, you can share a rental more safely and confidently, knowing your obligations and where to turn if you need support.

Need Help? Resources for Renters

• California Department of Consumer Affairs: Housing – State tenant resources and legal questions
• Los Angeles Housing Department: Tenant Complaints
• California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities
• California Courts Self-Help: Housing

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1. California Civil Code – Tenant Protections
2. California Civil Code Section 1659 – Joint and Several Liability
3. California Department of Consumer Affairs: Landlord-Tenant Booklet

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