Understanding Joint and Several Liability for North Dakota Roommates

Sharing a rental in North Dakota can be a great way to save on costs, but it’s important to understand your legal responsibilities when you sign a lease with roommates. One major concept renters face is joint and several liability. This article breaks down what it means and how it affects you and your fellow tenants under North Dakota law.

What Does Joint and Several Liability Mean?

Joint and several liability is a standard term in most North Dakota rental leases when more than one person signs the agreement. It means each tenant is responsible for following all parts of the lease—and if one roommate fails to pay rent or causes damage, the landlord can seek the full amount from any or all roommates, not just the one at fault.

• If one roommate can't pay their share of rent, the landlord can legally demand the entire payment from the others.
• This applies even if your individual agreement or understanding with your roommates is different from the lease.

How North Dakota Law Addresses Roommates

North Dakota residential tenancies are covered by the North Dakota Century Code Chapter 47-16, which sets out both tenant and landlord rights and responsibilities.¹ While this law does not use the term "joint and several liability," most landlords include it in the lease. If your lease says that each tenant is "jointly and severally liable," you all share full responsibility together and as individuals.

Common Impacts of Joint and Several Liability

Here’s how this arrangement generally affects you and your roommates:

• Rent Payment: If one person misses a payment, the landlord can seek the full rent from any other roommate who signed the lease.
• Security Deposits: If damages occur, deductions can be taken from the shared deposit, even if only one roommate caused them.
• Lease Enforcement: Violations by one roommate (such as unauthorized pets or guests) can put all tenants at risk of eviction.

If your lease does not specify joint and several liability, ask your landlord about individual responsibility in writing before you sign.

What To Do If Problems Arise Among Roommates

Disagreements or an unexpected move-out can create tension and risk. If a roommate leaves without notice, you are still responsible for the full rent amount unless your landlord agrees to formally release you.

Always communicate regularly with your landlord and roommates about any payment or lease issues—don’t assume you’re not liable because a roommate left.

Subletting and Roommate Changes

North Dakota law allows for subletting if your written lease permits it or if your landlord gives permission. Always get any roommate or sublet agreement in writing.

• Use a "Roommate Agreement" to clarify each person's obligations, though it does not override the main lease.
• When a new roommate moves in or someone leaves, inform your landlord and request an updated lease listing all current occupants.

Key Forms for North Dakota Renters

• Rental Lease Agreement
  • Used to establish terms for all tenants—including joint and several liability if included.
  • Find a sample and guidance on the North Dakota Attorney General's Landlord-Tenant Rights page.
• Notice to Vacate
  • Use this letter to tell your landlord you are ending your tenancy. If roommates remain, be aware you may still be responsible if the lease is joint and several liability.
  • Download examples and information from the North Dakota Landlord and Tenant Rights & Responsibilities Handbook (pages 11-13).

If you need to formally resolve a landlord or roommate dispute, North Dakota does not have a dedicated housing tribunal. Concerns may be addressed in North Dakota State District Court.

FAQ: Roommate Liability in North Dakota

1. What if my roommate moves out early or stops paying rent?
   Your landlord can legally require you to pay the full amount, not just your share, if you both signed a lease with joint and several liability.
2. Can I ask my landlord to hold only me responsible?
   Most landlords require all tenants to be jointly and severally liable. You can negotiate for individual liability before signing, but landlords are not required to agree.
3. How can I protect myself before signing a shared lease?
   Discuss payment responsibilities with your roommates, get agreements in writing, and review the lease carefully. Consider a roommate agreement for added clarity.
4. Am I responsible for damages caused by my roommate?
   Yes; under joint and several liability, the landlord can seek damages from any lease signer, even when only one person caused harm.

Conclusion: What North Dakota Roommates Should Remember

• Joint and several liability means all roommates may be held fully responsible for rent, damages, or lease violations.
• Always get landlord communications and any roommate changes in writing, and clarify expectations upfront.
• Official resources and the attorney general’s office provide clear instructions for resolving most disputes.

Take time to understand your lease and communicate with your roommates and landlord to prevent unexpected issues.

Need Help? Resources for Renters

• North Dakota Attorney General – Landlord-Tenant Rights (official guides and forms)
• North Dakota State Courts (dispute resolution and legal forms)
• Legal Services of North Dakota (free or low-cost legal help for qualified renters)
• North Dakota Century Code Chapter 47-16 (read rental laws directly)

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1. North Dakota Century Code Chapter 47-16: Landlord and Tenant Law
2. North Dakota Attorney General: Landlord-Tenant Rights & Handbook
3. North Dakota State Court System

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