Can my landlord make me pay my roommate’s unpaid rent?

Yes, if you are both on the same lease, the landlord may require you to pay the full rent amount if your roommate fails to pay.

What happens if my roommate causes damage to our apartment?

The landlord can recover the full cost of repairs from any tenant named on the lease, not just the person who caused the damage.

Can I avoid joint and several liability in Illinois?

You can ask for an individual lease or a written landlord agreement specifying liability, but most rental agreements use joint and several liability.

What should I do if my roommate moves out early?

You may still be responsible for full rent. Try to notify your landlord and seek a replacement roommate or negotiate a lease change.

Where can I get help for a dispute with my roommate?

You may contact Illinois Legal Aid, local mediation services, or the Illinois Department of Human Rights if you suspect discrimination.

Illinois Joint and Several Liability: Roommate Renters Guide

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

Sharing an apartment in Illinois can save you money, but it also means sharing legal responsibilities with your roommates. One key concept every renter should know is joint and several liability, especially if you are signing a lease together. Understanding this makes it easier to avoid conflicts and unexpected costs while protecting your rights as a tenant under Illinois law.

What is Joint and Several Liability for Illinois Roommates?

If you and your roommates sign the same rental lease, Illinois law typically holds each of you responsible for the entire rent, not just your individual share. This is known as joint and several liability. It means the landlord can require any one roommate to pay all of the rent or the full cost of damage, even if you agreed privately to split costs a different way.

Joint liability: All roommates are responsible together for the total amount owed.
Several liability: Each roommate is individually responsible for the full amount owed, not just their portion.

For example, if your roommate moves out and stops paying, your landlord can make you pay their share. This rule usually applies when all names are on the same lease agreement.

Illinois Laws and Official Guidance

Roommate obligations in Illinois are guided by the Illinois Residential Tenants' Rights Act and, in Chicago, the Chicago Residential Landlord and Tenant Ordinance.^1,2 Illinois courts and the Illinois Department of Human Rights (for housing disputes) oversee tenancy issues. In Chicago, renters can seek help through the city's Department of Housing or use mediation services.

What Happens if One Roommate Doesn't Pay?

No matter your private agreement, the landlord can demand the full rent and all damages from any one tenant. This is true unless your lease specifically divides liability, which is rare. If you pay more than your share, you have the right to seek repayment from your roommates in small claims court, but your landlord is not legally required to collect equally.

How Leases and Agreements Affect Liability

Leases with all names on a single contract: joint and several liability applies.
Individual leases with the landlord: you are only responsible for your own rent.
Subletting: If you sublet your space, you may remain responsible unless released by the landlord using a written agreement.

Always ask your landlord to clarify liability before you sign.

Relevant Forms for Illinois Renters

Notice to Terminate Tenancy (Form 5-Day Notice): Used when a tenant is behind on rent. If one roommate fails to pay, the landlord can give this notice to all. Learn more and find forms at the Illinois Legal Aid: Serving Notices page.³
Roommate Agreement (no official statewide form): Although not mandated, creating a written agreement between roommates about rent and bills can help resolve disputes. Find a template and guidance from the Illinois Department of Human Rights.⁴
Complaint Form - Illinois Department of Human Rights: If you believe you’re being treated unfairly due to protected class status, you may file a discrimination complaint. See the IDHR Fair Housing Complaints page for the official form and instructions.⁵

Tip: Always communicate promptly if you or your roommate have trouble paying rent. Early action can prevent legal trouble and protect your rental history.

Action Steps: What Illinois Roommates Should Do

Before signing, ask the landlord about joint and several liability.
Get all roommates named on the lease or, if possible, request separate leases.
Draft a roommate agreement covering payment, shared expenses, and what happens if someone moves out.
Keep records of all payments you make, especially if you pay more than your share.
If a conflict arises, seek free mediation through local legal aid or city services.
File a complaint with the Illinois Department of Human Rights if discrimination may be involved.

Clear communication and written records are your best protection as a renter sharing housing in Illinois.

FAQs: Illinois Roommates and Joint Liability

Can my landlord make me pay my roommate’s unpaid rent?
Yes, if you are both on the same lease, the landlord can require you to pay the full rent.
What if my roommate causes property damage?
You could be held responsible for the total repair costs. You may seek reimbursement from your roommate, but the landlord can pursue anyone named on the lease.
Is there a way to avoid joint and several liability?
You may ask for separate leases with your landlord or a written amendment dividing liability, but most landlords use one lease for all tenants.
What happens if one roommate moves out early?
If they do not formally end their lease obligations and stop paying, you may still be responsible for the total rent until the lease ends or you find a replacement signed by the landlord.
How can I get legal help with a roommate dispute?
Contact Illinois Legal Aid or the Illinois Department of Human Rights if discrimination is involved; city mediation services may also help.

Key Takeaways for Renters

In Illinois, joint and several liability almost always applies to roommates on the same lease—be prepared to cover your roommate’s share if needed.
Get clear, written agreements with both your landlord and your roommates.
If you encounter disputes, use free legal and mediation services for renters.

Understanding your rights now will reduce stress, misunderstandings, and costly mistakes as a renter.

Need Help? Resources for Renters

Illinois Department of Human Rights – Housing Discrimination Information (official tribunal for housing complaints)
Illinois Attorney General: Landlord-Tenant Laws and Rights
Chicago Department of Housing – Landlord and Tenant Ordinance Resources
Illinois Legal Aid – Roommates and Tenants