What does joint and several liability mean for Colorado roommates?

Each roommate can be held responsible for the full rent or damages if another does not pay, regardless of private agreements.

Can I be evicted if my roommate doesn't pay their share?

Yes, all tenants named on the lease may face eviction if full rent is not paid, even if you've paid your portion.

Is a roommate agreement legally binding with the landlord?

No, private roommate agreements are not binding on the landlord unless included in the lease.

How do I remove my responsibility if a roommate moves out?

You remain liable unless your landlord agrees in writing to release you or modifies the lease.

Which Colorado law covers joint and several liability in rentals?

Colorado Revised Statutes Title 38 (Property – Real and Personal) covers residential tenancy laws statewide.

Joint and Several Liability for Colorado Roommates: What Renters Need to Know

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

Sharing a rental home in Colorado with roommates can make living more affordable—but it also brings important legal responsibilities. One key issue is "joint and several liability." If you sign a lease with other roommates, you may be held responsible for the full rent and damages, not just your portion. Understanding joint and several liability in Colorado shared housing helps you avoid surprises and protect your rights as a renter.

What is Joint and Several Liability?

"Joint and several liability" means that when you and a roommate sign the same lease in Colorado, each of you can be held responsible by the landlord for the entire rent and any damages. This is standard in most Colorado rental agreements, unless your lease says otherwise.

If one roommate moves out or doesn’t pay, the landlord can legally pursue the remaining roommates for the full unpaid amount.
The landlord is not required to divide the debt equally among tenants—even if you paid your fair share.
This rule applies to both rent payments and damages caused to the rental unit.

Joint and several liability is based on Colorado state law. The Colorado Revised Statutes Title 38 (Property – Real and Personal) govern these responsibilities.^[1]

Your Rights and Responsibilities as a Roommate

Because of joint and several liability:

You may have to pay a roommate’s share of rent if they leave without notice.
Your credit and rental history can be affected if the full rent isn’t paid on time.
If the rental is damaged, all tenants on the lease can be held responsible for repairs or lost deposit.

Tip: To protect yourself, keep records of all rent payments, communicate with your landlord in writing, and consider a written roommate agreement describing each person’s responsibilities.

Managing Risk: What You Can Do

Roommates in Colorado can take several steps to reduce risks:

Ask your landlord if separate leases are possible (called "individual leasing").
Use a roommate agreement—this isn’t legally binding for the landlord, but can help resolve disputes among roommates.
If a roommate leaves, update your landlord. Don’t assume you’re automatically released from paying the full rent.
Confirm with your landlord if a new roommate is allowed; formal approval may be needed under the lease terms.

The Colorado Department of Local Affairs – Division of Housing provides helpful information and links for tenants seeking advice or conflict resolution.

Relevant Forms for Colorado Roommates

Notice to Quit (Form JDF 97) – Used when a tenant wishes to end their tenancy.
Example: If you want to move out but your name is on the lease, serve the landlord an official Notice to Quit.
Access the form: Colorado Notice to Quit (JDF 97)
Roommate Agreement (no state form) – While there is no official state roommate contract, use a written agreement to outline each roommate’s share of rent and chores. Sample formats are available on government housing sites, but these are not legally binding for the landlord.

It's always best to address roommate changes or potential subletting in writing with your landlord. If subletting is permitted by your lease, clarify in advance and use written consent. For formal disputes, the Colorado Department of Local Affairs – Division of Housing can provide support and guidance.

If a Roommate Leaves or Stops Paying: What Happens?

If a roommate moves out or fails to pay, you may have to cover the missing share:

Contact your landlord promptly to discuss options.
If you cannot pay the full rent, you may receive an eviction notice (often called a "Notice to Quit").
Your landlord may pursue the remaining tenants for the entire balance due under joint and several liability rules.

Seek help right away if you believe eviction may occur, or consider mediation services provided by tenant support organizations.

Where to Get Help with Disputes

In Colorado, landlord-tenant disputes—including issues with joint and several liability—can be addressed through the Colorado Department of Local Affairs – Division of Housing.^[2] There is no dedicated tribunal specific to residential tenancies, but small claims court is often used for serious disputes.

FAQ: Colorado Roommates & Shared Liability

What does joint and several liability mean for Colorado roommates?
It means each tenant can be legally required to pay the full rent or damages if another roommate fails to do so, regardless of informal split agreements.
Can I be evicted if my roommate doesn't pay their share?
Yes. If the landlord doesn’t receive full payment, all lease-holders may be subject to eviction proceedings, even if you personally paid your share.
Is a written roommate agreement enforceable with my landlord?
No. Such agreements help clarify responsibilities among roommates but are not binding on your landlord, unless specifically referenced or accepted in your lease.
How can I remove my liability if a roommate leaves?
You are still responsible unless the landlord formally agrees in writing to release you or amends the lease.
Which state laws cover joint and several liability?
Colorado Revised Statutes Title 38 governs most rental agreements and landlord-tenant relationships in the state.

Key Takeaways

Colorado roommates are jointly and severally liable under most leases—each can be held responsible for the full rent and damages.
Protect yourself by keeping written records and communicating with your landlord whenever a roommate moves out or issues arise.
For serious disputes, help is available from state agencies and courts.

Need Help? Resources for Renters

Colorado Department of Local Affairs – Division of Housing (Tenants): Tenant support, complaint forms, and dispute guidance.
Notice to Quit (JDF 97) form: For giving official notice to the landlord.
Colorado Revised Statutes Title 38 (Property – Real and Personal): The primary legislation for residential tenancies.
Colorado Legal Services – Housing Support: Free legal guidance for eligible renters in Colorado.

^[1] See: Colorado Revised Statutes Title 38 (Property – Real and Personal)
^[2] For tenant protections, visit the Colorado Department of Local Affairs – Division of Housing.