What if my roommate moves out and they were the only one on the lease?

If your roommate was the only leaseholder, you may not have a direct legal relationship with the landlord. Notify the landlord about your situation to avoid being considered an unauthorized occupant.

Does my landlord have to let me find a new roommate?

Landlords are not required to approve a new roommate unless the lease allows it. Always get written permission before adding someone new.

Can I be evicted if my roommate leaves and I can’t pay their share?

If you’re listed on the lease, you are responsible for the full rent. If the full rent is not paid, the landlord may begin eviction proceedings against all tenants on the lease.

Can I sue my ex-roommate for unpaid rent?

Yes, you can file a claim in California Small Claims Court for any unpaid portion your roommate agreed to pay per your private agreement.

Do I need my landlord’s approval to sublet my room?

Most leases require landlord consent before subletting. Check your lease and obtain written permission.

Who Pays the Rent When a Roommate Moves Out in California

Roommates, Subletting & Shared Housing California published: June 21, 2025

If you share a rental in California and your roommate suddenly moves out, you might be unsure about your rent obligations and legal protections. Whether you’re facing financial stress or worried about eviction, understanding who is responsible for rent after a roommate leaves is essential. This article explains your rights and responsibilities under California law and offers practical steps to protect yourself.

Understanding Roommate Liability in California

Your liability for rent when a roommate leaves depends mainly on your lease agreement. California’s landlord-tenant law, enforced by the California Department of Consumer Affairs (DCA), governs these situations for most tenants.^[1]

Are You on the Lease?

All roommates named on the lease: Each person is jointly and severally liable, which means the landlord can require the full rent from any tenant, even if one moves out.
Informal roommate arrangement/subtenant: If only one tenant is on the lease and the other is a subtenant or “roommate,” usually only the leaseholder has direct legal responsibility to the landlord. However, the leaseholder may have a separate private agreement with the roommate.

If the roommate who moved out is still on the lease but stops paying rent, the remaining tenants may have to cover their portion to prevent default and possible eviction.

Your Options When a Roommate Leaves

When your roommate vacates, you have a few practical choices:

Continue paying full rent (and seek repayment from your former roommate privately)
Request that the landlord allows you to find a replacement roommate (with written approval)
Negotiate to amend or break the lease with your landlord

Communicating with your landlord early is crucial, especially so you’re not held responsible for unpaid amounts the roommate owed. Any changes to who lives in the unit often require landlord approval in writing.

Legal Notice and Forms

Notice of Intent to Vacate: If the remaining tenant(s) want to move out, they can give written notice according to the lease or California law. Use the Notice of Intent to Vacate (common template), giving at least 30 days for month-to-month tenancies.^[2]
Sublease Agreement: If allowed in your lease, you may add a replacement roommate by creating a written sublease. California does not provide an official sublease form, but you must have landlord permission. Always keep documentation.

For disputes over rent or deposits with a departed roommate, small claims court may be a last resort. Be sure to document your payments and any communication.

Always check your lease before acting. Some landlords prohibit subletting or require all occupants be approved in writing.

California Law on Roommate and Rent Liability

The California Civil Code Sections 1940-1954 provide the main tenant protections. Key points include:

Landlords may evict or sue any or all tenants on a lease if the full rent is not paid
Tenants can be held responsible for the actions of co-tenants under a joint lease
Security deposit refunds may be affected if one roommate moves out early

The main agency handling residential tenancy disputes is the Los Angeles County Department of Consumer & Business Affairs (for LA County) and the California Department of Consumer Affairs statewide.

Action Steps for California Renters

Check your lease agreement for clauses about roommates, subleasing, or early termination
Notify your landlord in writing immediately if a roommate leaves
Ask if you can find a replacement tenant and what approvals are required
If you plan to move, serve a Notice of Intent to Vacate according to your lease terms
Keep all written communications and payment records

FAQ: Roommate Rent Liability in California

What if my roommate moves out and they were the only one on the lease?
The remaining tenants may not have a direct legal relationship with the landlord. However, you should still communicate with the landlord about your situation to avoid eviction or being considered an unauthorized occupant.
Does my landlord have to let me find a new roommate?
No, a landlord does not have to agree to a new roommate unless your lease specifically allows it. Always seek written permission to avoid violating your lease.
Can I be evicted if my roommate leaves and I can’t pay their share?
If you are on the lease, you’re responsible for the full rent. If you can’t pay in full, the landlord may start eviction proceedings against all tenants listed on the lease.
Can I sue my ex-roommate for unpaid rent?
Yes, you may file a claim in California Small Claims Court for any unpaid rent your roommate agreed to pay according to your private agreement.
Do I need my landlord’s approval to sublet my room?
Most leases in California require landlord approval to sublet. Check your lease and always get approval in writing.

Conclusion: Key Takeaways

You may be fully liable for rent if your roommate leaves and you’re on the lease in California
Communicate early with your landlord and review your lease for subletting or replacement policies
Use proper forms and keep documentation of all agreements and payments

Staying informed and organized can help prevent disputes and protect your rights as a California renter if your living situation changes suddenly.

Need Help? Resources for Renters

California Department of Consumer Affairs: Tenants' Guide
Los Angeles County Tenant Protections (DCBA)
California Small Claims Court – for deposit/rent disputes
SM-1: Plaintiff’s Claim and Order to Go to Small Claims Court