Massachusetts Joint and Several Liability for Roommates

If you rent with roommates in Massachusetts, you may hear the phrase "joint and several liability" in your lease. Knowing what this means can help you prevent misunderstandings, share responsibilities fairly, and avoid unexpected financial issues.

What Does Joint and Several Liability Mean?

In Massachusetts, most residential leases with multiple tenants include a joint and several liability clause. This means that each roommate is both:

• Jointly responsible – together for the full rent and any damage
• Severally responsible – individually liable for the full amount if others cannot pay

So, if one roommate moves out or stops paying rent, the landlord can ask any remaining roommate for the entire amount. The landlord does not have to split the obligation. This rule applies unless your lease clearly says otherwise.

Examples in Everyday Renting

Imagine three roommates share an apartment with a total rent of $2,400/month. They agree privately to split $800 each. However, under joint and several liability, if one leaves or cannot pay, the landlord can demand the full $2,400 from the remaining roommates.

This also applies to damage claims. If damage exceeds the security deposit, any one tenant can be held accountable for the entire cost.

Massachusetts Law and Key Protections

The main state law that governs these situations is the Massachusetts General Laws Chapter 186 – Leases and Tenancies^[1]. Massachusetts law does not automatically assign responsibility between roommates. Most landlords use standard leases (like the MassLandlords form) that include joint and several liability.

Who Handles Tenant Disputes?

If an issue can’t be resolved with your landlord or roommates, cases can be taken to the Massachusetts Housing Court, which handles residential tenancy disputes across the state.

Official Forms for Massachusetts Roommates

• Summary Process Summons and Complaint (Housing Court Form)
  Summary Process Summons and Complaint
  Use this if faced with eviction. For example, if your landlord files to evict all tenants due to missed rent by any roommate, you and each roommate will receive this form from the court.
• Security Deposit Return – Statement of Damages
  Return of Security Deposits Guidance
  Used if you're requesting your security deposit back or disputing deductions (often after move-out disputes among roommates).
• Motion to Add/Remove Co-Tenant
  Motion Filing Instructions
  Useful if the Housing Court case involves changing who is legally responsible after a roommate leaves or new one joins during a dispute.

How to Protect Yourself as a Roommate

• Sign a Roommate Agreement: A written roommate contract helps clarify who pays what and when, and how to handle bills and damage. This is not legally binding for the landlord but can help if a dispute goes to court.
• Keep Good Records: Save receipts, texts, and emails on shared bills and rent payments. This provides evidence if disputes arise.
• Read Your Lease Carefully: Check if it mentions "joint and several liability." If unclear, ask your landlord or contact legal services for clarification.
• Address Issues Early: If a roommate can’t pay or wants out, communicate quickly and try to reach an agreement in writing.

Action Steps if a Roommate Leaves or Defaults

• Let your landlord know in writing if your household changes. That way, official communications (including legal notices) reach everyone involved.
• If facing eviction for unpaid rent, carefully read all court forms and respond by the deadline. Consider seeking guidance from a legal aid service.

It helps to act quickly. Delays can put all roommates at risk because Massachusetts law holds each tenant responsible for the whole amount in most shared leases.

1. What happens if one roommate moves out but the lease is not changed?
   All remaining roommates are still responsible for the full rent and any damages. The departing roommate may still be legally liable unless formally removed from the lease by the landlord.
2. Can the landlord evict all roommates if only one stops paying?
   Yes. Under joint and several liability, the landlord can pursue the full rent from any one or all tenants, and start eviction against everyone on the lease if the total rent is unpaid.
3. How can I reduce risk when signing a lease with others?
   Use a written roommate agreement, keep records of who pays what, and ask the landlord if individual leases are possible. Always read the main lease thoroughly.
4. Is there a way to remove myself from liability if I want to move out?
   Only by reaching an agreement with the landlord and having your name removed from the lease in writing. Otherwise, you remain responsible until the lease ends, even after moving out.
5. If a dispute goes to court, where is it handled?
   Most residential tenancy disputes are handled by the Massachusetts Housing Court.

Conclusion: Key Takeaways for Massachusetts Roommates

• Joint and several liability means each roommate can be held responsible for the entire rent or damages owed.
• Communicate openly about payment problems and changes in living situations.
• Document agreements and use official channels if disputes arise.

Understanding your legal responsibilities can help protect you from unexpected costs and legal action in a shared rental situation.

Need Help? Resources for Renters

• Massachusetts Housing Court – Handles landlord-tenant disputes and eviction cases.
• Renting in Massachusetts – State Renter Guide
• MassLegalHelp – Housing Help
• Security Deposit Rules and Forms
• Massachusetts General Laws Chapter 186 – Leases and Tenancies

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1. Massachusetts General Laws Chapter 186 – Leases and Tenancies
2. Massachusetts Housing Court – Official Website
3. Massachusetts Government: Renting in Massachusetts
4. Massachusetts Security Deposit Law and Guidance
5. Massachusetts Housing Court: Filing Motions

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