Maryland Roommates: Understanding Joint and Several Liability

Sharing a rental in Maryland can be a practical and enjoyable way to manage living costs. Yet, when it comes to leases, responsibilities are often shared in more ways than you might expect. One key concept every Maryland renter should understand is joint and several liability. Knowing your obligations can help you avoid surprise bills and disputes when living with roommates.

What is Joint and Several Liability?

Joint and several liability means that when two or more tenants sign the same lease, each person is individually and collectively responsible for the entire rental agreement. If the rent is $1,500 per month and there are three roommates, the landlord can legally require any one of you—or all of you together—to pay the full amount if someone fails to pay their share.

• Each roommate can be held accountable for the full rent, not just their portion.
• If damages occur, any or all tenants can be responsible for the total cost, not just their share.
• The landlord can choose which tenant(s) to pursue for unpaid rent or repairs.

How Does This Apply to Maryland Roommates?

In Maryland, most residential leases with multiple tenants contain a joint and several liability clause. This is outlined in the Maryland Code, Real Property Article, Title 8, which governs landlord and tenant relationships statewide.^[1]

What If a Roommate Moves Out?

If one roommate leaves before the lease is over, the remaining tenants are typically still responsible for paying the full rent and following all lease terms. The landlord does not need to divide or reduce what they collect based on changes among roommates.

Common Issues Renters Face

• Unpaid rent: If one roommate doesn't pay, the landlord can ask the others to cover the shortfall.
• Property damage: Any tenant listed on the lease can be billed for repairs, even if not at fault.
• Breaking the lease: If one tenant moves out early, the rest may be left responsible for the entire rent.

Relevant Maryland Forms and How to Use Them

• Maryland Notice to Vacate: 30-Day Notice
  - DCCV82 – Landlord’s 30 Day Notice to Vacate
  - Used if you plan to move out at the end of your lease. You must give your landlord at least 30 days' notice. Each roommate leaving should submit this notice separately if only one is departing.
  - Example: If your lease ends July 31, submit your notice by July 1 to end your obligations on time.
• Petition in Action of Rent Escrow
  - DCCV83 – Petition in Action of Rent Escrow
  - Use if you and your roommates need to withhold rent due to serious maintenance issues. This lets the court hold rent payments until repairs are made.

Who Handles Rental Disputes in Maryland?

If issues cannot be solved directly with your landlord or roommates, you can seek help from the Maryland District Court: Landlord-Tenant Section. This is where you can file complaints or address disputes about leases, eviction, or return of security deposits.

FAQ: Maryland Roommate Liability Questions

1. Can the landlord collect the entire rent from just one roommate?
   Yes. Under joint and several liability, the landlord can seek the full rent from any tenant named on the lease, regardless of internal agreements.
2. What should I do if my roommate doesn’t pay their share?
   If possible, talk to your roommate to resolve the issue. You may need to cover the shortfall to avoid late fees or eviction, then pursue reimbursement in small claims court.
3. Is subletting allowed in Maryland?
   Check your lease! Many leases require landlord approval for subletting. If permitted, ensure all arrangements are in writing and notify your landlord.
4. Will my security deposit be affected by my roommate’s actions?
   Yes. Any damages — even those caused by others — may be deducted from your shared security deposit if you’re all on the lease.
5. How can I protect myself when living with roommates?
   Sign a roommate agreement, keep receipts of payments, and maintain open communication. Always check your lease terms.

Key Takeaways for Maryland Roommates

• If you sign a lease with others, you’re likely jointly and severally liable — meaning you are each responsible for the whole lease obligations.
• Protect yourself with clear agreements and by knowing your rights under Maryland law.
• If a dispute arises, contact the Maryland District Court’s Landlord-Tenant Section for help.

Need Help? Resources for Renters

• Maryland District Court: Landlord-Tenant Resource Center – Get free tenant guidance and ask questions.
• Maryland Attorney General – Landlord-Tenant Rights – Statewide info on your legal rights and responsibilities.
• Maryland Department of Housing and Community Development: Renters – Rental assistance and legal program resources.

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1. Maryland Code, Real Property Article, Title 8: Landlord and Tenant
2. Maryland District Court: Landlord-Tenant Section
3. Maryland 30-Day Notice to Vacate – DCCV82
4. Maryland Petition in Action of Rent Escrow – DCCV83

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