Roommate Moves Out: Rent Liability in North Dakota

Many renters in North Dakota live with roommates to share the costs of housing. But what happens when a roommate suddenly moves out—are you stuck paying their share of the rent? This guide will help you understand your obligations, reference North Dakota law, and provide practical renter-focused advice for handling these situations smoothly.

Understanding Roommate Liability for Rent in North Dakota

If you are renting an apartment or house with one or more roommates, your legal responsibility for the rent can depend on how your lease is structured. In North Dakota, most landlords use one of two arrangements:

• Joint Lease: All roommates sign the same lease, and everyone is equally responsible for the full rent amount (known as "joint and several liability"). If one roommate moves out, the landlord can hold the remaining tenants responsible for paying the entire rent.
• Individual Lease: Each roommate signs a separate lease with the landlord for their portion of the rent. If a roommate leaves, only their rent portion is affected, and the remaining tenants are not legally responsible for it.

Most shared rentals in North Dakota use joint leases, meaning if your roommate leaves, you—along with any other remaining tenants—are still on the hook for the full rent until the end of the lease term.

What Does North Dakota Law Say?

North Dakota's landlord-tenant relationships are governed by the North Dakota Century Code Chapter 47-16: Landlord and Tenant.¹ This law does not specifically mention "roommates," but it establishes the general rules for rental agreements, including rent obligations and security deposits. If your name is on the lease, your landlord can seek the whole rent from you—even if it was your roommate who moved out without notice.

Who Handles Rental Disputes in North Dakota?

In North Dakota, disputes about rent, security deposits, and rental agreements are handled by your local District Court.² There is no dedicated state tribunal for residential tenancies. If you need to take legal action—such as suing a former roommate for unpaid rent—you would file a claim in district court.

If Your Roommate Moves Out: What Should You Do?

If your roommate leaves before the lease ends, consider these important steps:

• Check Your Lease: Read your lease agreement carefully to confirm whether you are on a joint or individual lease.
• Notify the Landlord: Let your landlord know about the situation in writing. If you want to find a replacement roommate, ask if they will approve a new occupant.
• Negotiate an Agreement: Sometimes, landlords will allow a "lease assignment" (transferring your roommate's share to someone new) or a "roommate addendum" to formally add another tenant. Make sure to get any changes in writing.
• Document Everything: Keep records of communications with your landlord and your former roommate in case of disputes.

Relevant Forms and How to Use Them

• Petition for Small Claims Court (SFN 41901):
  If your former roommate owes you for their share of rent, you can use this form to file a claim against them in North Dakota small claims court. Learn more and download the form from the ND Courts Small Claims self-help page.³
  Example: If you covered your roommate’s $400 rent when they moved out and they refuse to pay you back, you can complete the Small Claims form to seek reimbursement.

Protecting Yourself in Shared Housing

Before agreeing to live with roommates, it’s wise to:

• Discuss expectations about rent, shared expenses, and responsibilities
• Consider creating a written roommate agreement (even if it's not legally binding, it can prevent conflict later)
• Always ensure all tenants are listed on the lease or formally approved by the landlord

This can make everyone's rights and responsibilities much clearer—and provide important evidence if disputes arise later.

Frequently Asked Questions

1. Can my landlord evict me if my roommate stops paying rent?
   If you are on a joint lease, your landlord can require the full rent—so if you and any other remaining tenants cannot pay the total amount, the landlord may start eviction proceedings against all tenants.
2. Am I responsible for my roommate’s portion of damages or unpaid rent?
   Under most joint leases, yes. Landlords can collect from any one or all tenants for damages or unpaid rent, regardless of who caused the issue.
3. Can I legally remove a roommate from the lease or replace them?
   You generally cannot change lease tenants without landlord approval. Contact your landlord to request a lease amendment or addendum if you wish to replace a roommate.
4. What if my roommate was never officially on the lease?
   You may still be responsible for the full rent if you are the only tenant on the lease. However, you can pursue reimbursement through small claims court if they agreed to pay a share.
5. Where do I file a legal dispute with a roommate over rent?
   In North Dakota, roommate disputes over money are handled at your local district court, usually in small claims court for amounts under $15,000.

Key Takeaways

• Most North Dakota roommates are equally responsible for rent on a joint lease, even if one moves out.
• Always check your lease, notify your landlord, and keep records if a roommate leaves.
• You can consider small claims court for reimbursement from a former roommate.

Taking these steps can help you manage unexpected roommate changes and avoid losing your housing.

Need Help? Resources for Renters

• ND Small Claims Court Self-Help Center – For forms and how to file a claim
• North Dakota District Courts Directory – Find your local courthouse
• North Dakota Century Code Chapter 47-16 – Full text of landlord-tenant laws
• Legal Services of North Dakota – Free legal help for eligible renters

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1. North Dakota Century Code Chapter 47-16: Landlord and Tenant
2. North Dakota District Courts
3. ND Courts – Small Claims Instructions and Forms

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