Joint and Several Liability for New Hampshire Roommates

Sharing a rental in New Hampshire means you and your roommates may be held jointly and severally liable for the lease. This concept can impact who’s responsible for missed rent or property damage. If you’re considering moving in with roommates, it’s important to understand how New Hampshire law applies to your situation and what steps you can take to protect yourself.

What Joint and Several Liability Means for Roommates

Joint and several liability is a legal term used in many rental agreements. In simple terms, it means that each roommate can be held responsible for the entire rent and any damages, not just their individual share. This structure gives the landlord flexibility in collecting payment and ensures the lease terms are enforceable.

• If one roommate doesn’t pay rent, the landlord can ask the other roommates to pay the missing amount.
• If the property is damaged, all roommates may be held responsible for covering the cost.
• Landlords are not required to divide or assign fault between roommates.

How New Hampshire Law Addresses Roommate Liability

In New Hampshire, rental agreements commonly include joint and several liability clauses. While New Hampshire’s Residential Landlord and Tenant Act (RSA 540-A) does not specify roommate arrangements, it allows landlords and tenants to negotiate the terms. Most standard leases in the state include language making all parties equally liable for the full rent and any damages.^[1]

For any issues between roommates—such as unpaid rent or disputes over deposits—tenants are encouraged to make their own written roommate agreements. However, such agreements don’t affect the landlord’s rights unless all parties, including the landlord, formally change the lease.

Official Forms and Practical Steps for Roommates

There are no official New Hampshire forms specifically for ending a roommate’s obligations, but these state forms relate to joint liability matters:

• Notice to Quit (Eviction Notice): In New Hampshire, landlords use a Notice to Quit form when starting the eviction process.
  Example: If a roommate stops paying rent, the landlord may serve all tenants—including those who have paid—because the lease makes everyone liable. Tenants would receive the notice addressed to all names on the lease.
• Summary Process for Landlord and Tenant Writ: After the Notice to Quit, landlords file a Landlord and Tenant Writ form (NH JB-2342-D) with the circuit court to legally pursue eviction.
  Example: If the rent isn’t paid after notice, all roommates named on the lease will be included in court filings, and all could potentially face removal from the property.

Tribunal Handling Tenancy Issues in New Hampshire

Residential rental disputes, including those involving joint and several liability, are handled by the New Hampshire Circuit Court – District Division. This court oversees eviction proceedings and tenant-landlord disputes in New Hampshire.^[2]

Tips for Protecting Yourself When Renting with Roommates

• Sign a written roommate agreement separate from the lease, clearly outlining rent shares, utilities, and responsibilities.
• Make sure all roommates are named on the official lease signed with the landlord.
• Discuss expectations openly, including how to handle unpaid rent or an early move-out.

FAQ: Joint and Several Liability for Roommates

1. What happens if my roommate doesn’t pay their share of the rent?
   The landlord can require you to pay the missing amount since all tenants are jointly and severally liable under most New Hampshire leases.
2. Can I remove myself from joint liability if my roommate leaves?
   No, not unless you and your landlord sign a new lease removing your name or legally release you from the original lease obligations.
3. If we both move out but one person causes damage, who pays?
   All roommates may be held responsible for repair costs, even if only one person caused the damage. The landlord may collect from any or all leaseholders.
4. Can a written roommate agreement protect me from being sued for my roommate’s actions?
   A separate agreement may help with disputes between roommates, but it does not remove your responsibility to the landlord unless the landlord is part of that agreement.
5. What should I do if served with a Notice to Quit because of my roommate?
   You should respond to the notice in writing, communicate with your landlord, and consider seeking legal advice from a local resource. Ignoring notices may lead to a court action.

Conclusion: Key Takeaways on Roommate Liability

• Roommates with joint and several liability can be held responsible for the full rent and damages, not just their share.
• New Hampshire landlords usually list all tenants on the lease, making each accountable for total lease obligations.
• Signing a separate roommate agreement is wise, though it does not alter your legal duties to the landlord.

Understanding your rights under New Hampshire law can help you avoid disputes, protect your finances, and maintain a good rental history.

Need Help? Resources for Renters

• New Hampshire Circuit Court – District Division: Handles eviction and tenancy disputes.
• New Hampshire Department of Justice – Consumer Protection: For rental complaints and tenant rights information.
• New Hampshire Legal Aid – Landlord/Tenant Help: Free legal guidance for renters facing legal actions.
• Residential Landlord and Tenant Act (RSA 540-A): Official New Hampshire law governing residential tenancies.

---

1. New Hampshire Residential Landlord and Tenant Act (RSA 540-A)
2. New Hampshire Circuit Court – District Division: Landlord/Tenant Information

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations