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

If you're renting in Louisiana and sharing your space with roommates, understanding how "joint and several liability" works can save you from confusion—and unexpected costs. Louisiana leases often hold everyone on the lease responsible for the full rent and any damages, not just their 'share.' This guide explains what that means, your legal responsibilities, and how to protect yourself when things go wrong.

Understanding Joint and Several Liability in Louisiana Rentals

"Joint and several liability" is a legal term found in many Louisiana rental agreements when more than one tenant signs the same lease. Simply put, this means:

  • All roommates can be held responsible—together or individually—for the entire rent amount, as well as any damages to the property.
  • If one roommate can't pay, the landlord can require any other roommate on the lease to pay instead.
  • It's up to the roommates to settle who owes what between themselves.

If the rent is $1200 and one roommate leaves without paying, the landlord can demand the full amount from any other tenant on the lease. Even if you personally paid your share, the landlord has the legal right to pursue you for the unpaid balance.

The Law in Louisiana

Louisiana's rental laws are governed by the Louisiana Civil Code Title IX – Lease of Things, including rules on obligations shared by tenants (see Articles 2668–2729). Joint and several liability usually arises because of specific language in the lease.

Ad

Who Handles Residential Tenancy Issues in Louisiana?

In Louisiana, there is no single statewide landlord-tenant board. Legal disputes are typically handled in city or parish courts, depending on where you live. For general tenant resources and guidance, visit the Louisiana Attorney General: Landlord-Tenant Guide.

Practical Examples of Joint and Several Liability

  • Rent payment: If three tenants share a lease and one moves out early, the remaining tenants may have to cover the departed roommate’s share—even if they have a verbal agreement among themselves.
  • Damage to the unit: If property is damaged and the landlord cannot determine who is responsible, any or all tenants on the lease can be held liable for repair costs.
Tip: Always try to have clear written roommate agreements to outline how expenses and responsibilities are divided. This can help you recover your share if you end up paying more than your portion.

Key Tenant Forms for Roommates and Shared Housing in Louisiana

  • Notice of Intent to Vacate (by Tenant)
    • While Louisiana has no required statewide form, many landlords require written notice if a roommate is moving out. Check your lease for the notice period (usually 30 days) and deliver written notice to your landlord and roommates.
    • Example: If you plan to move out and end your lease responsibilities, provide the "Notice of Intent to Vacate" in writing to your landlord and keep a copy for your records. This helps clarify when your liability may end. You can use a sample template from the Louisiana Attorney General's Landlord-Tenant Guide.
  • Small Claims Petition (City or Parish Court)
    • If a roommate owes you money and refuses to pay, you may file a claim in your local City or Parish Court. Check the court's website for the “Small Claims Petition” form.
    • Example: If you paid more than your share of the rent due to another roommate’s default, you can file this form to seek reimbursement. Find more about your local court and forms at the Louisiana Supreme Court's Parish and City Courts Directory.

Renter Action Steps: Protecting Yourself in a Shared Lease

  • Carefully read your lease for joint and several liability clauses before signing.
  • Set up a written roommate agreement outlining each person’s responsibilities and how to handle departures or payment disputes.
  • If a roommate leaves, promptly notify your landlord in writing, and clarify whether you want to continue as a tenant or terminate the lease.
  • Maintain documentation of all payments and correspondence.
  • If you end up paying extra due to a roommate’s default, consider legal action to recover your share in small claims court.

Being proactive can help avoid costly surprises and make shared living more manageable.

FAQs on Joint and Several Liability for Louisiana Roommates

  1. Can my landlord force me to pay my roommate's unpaid rent?
    Yes. If your lease contains a joint and several liability clause (which most do), the landlord can seek the full amount from any roommate on the lease, regardless of individual arrangements.
  2. How can I limit my liability if a roommate leaves?
    You should notify your landlord in writing and try to negotiate an updated lease. Unless you sign a new agreement, you remain responsible for the whole rent amount until the original lease ends.
  3. Will I get my security deposit back if my roommate caused damage?
    Landlords may withhold the deposit for damages, and any deductions are split between all tenants on the lease unless you prove only one person was responsible.
  4. What if I paid more than my share because a roommate defaulted?
    You have the right to seek repayment from your roommate in local small claims court. File a "Small Claims Petition" in your city or parish court and present your documentation.
  5. Is subletting allowed in Louisiana roommate situations?
    Subletting rules depend on your lease. Always get written permission from your landlord before subletting, as unauthorized sublets may violate your agreement.

Key Takeaways for Louisiana Renters Sharing a Lease

  • Joint and several liability means all roommates may be responsible for the full rent and damages—even if someone else defaults.
  • Have written agreements and records to protect your interests when sharing a lease.
  • If you pay more than your share, Louisiana courts provide small claims procedures for reimbursement.

Awareness and proactive communication can help roommates avoid misunderstandings and financial hardship.

Need Help? Resources for Renters in Louisiana


  1. Louisiana Civil Code Title IX – Lease of Things: Lease Legislation (Articles 2668–2729)
  2. Louisiana Attorney General: Landlord-Tenant Rights Guide
  3. Louisiana Supreme Court Directory: City and Parish Courts
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.