Can my landlord make me pay my roommate's unpaid rent?

Yes. In joint and several liability leases, your landlord can require you to pay the full amount if your roommate doesn't pay.

If my roommate damages the apartment, am I responsible?

Yes. All tenants named on a joint lease can be held financially responsible for damage, even if only one caused it.

How do I remove a roommate from my lease in South Carolina?

Contact your landlord and request a written lease amendment or addendum signed by all parties.

Can I take my roommate to court over unpaid rent or damages?

Yes, you can file a claim in small claims (Magistrate) court for their share, though court costs and other requirements apply.

Where can I find reliable information on my rights as a renter?

The South Carolina Residential Landlord and Tenant Act provides details on tenant rights and obligations.

Joint and Several Liability for Roommates in South Carolina

Roommates, Subletting & Shared Housing South Carolina published: June 21, 2025

Understanding joint and several liability is essential for South Carolina roommates who share an apartment or rental home. This key legal concept impacts how rent arrears, damages, and responsibilities are divided—especially if a roommate moves out or stops paying. Knowing your rights and obligations helps avoid surprises and empowers you to navigate shared housing with confidence.

What Does Joint and Several Liability Mean?

In South Carolina, most leases signed by multiple roommates create what's called "joint and several liability." This means each roommate is individually and collectively responsible for the entire rent and following all lease terms—not just their own portion. If one person doesn't pay their part, the landlord can legally require the full rent from any other roommate on the lease.

If one roommate leaves, remaining tenants are still responsible for the full rent until the lease ends.
Damages caused by one roommate can become the responsibility of all occupants listed on the lease.
Roommates sharing a lease should have open communication and clearly written agreements about splitting rent, deposits, and utility costs.

How South Carolina Law Addresses Shared Rental Agreements

The South Carolina Residential Landlord and Tenant Act governs most rental agreements statewide. While it doesn't mention "roommates" specifically, it assumes that all tenants who sign the lease are bound by its terms—including joint and several liability ^[1].

When Are You Jointly and Severally Liable?

Signed a lease with multiple names: Most standard leases make all listed tenants liable for the full amount owed.
Added to a lease after move-in: New tenants added through an official lease amendment become jointly liable.
Subletting: The original tenant remains liable unless released by the landlord.

Always ask your landlord for clarification if unsure, and get any agreements in writing.

Official Forms and Practical Examples

Certain rental situations in South Carolina may require written notification or forms:

Notice of Termination: If you wish to end your lease early and your landlord agrees, you may need to provide written notice or complete a mutual termination form. See South Carolina LLR - Official Forms for templates used by property managers.
- Example: Jane and Alex both signed a one-year lease. Jane wants to move out after six months. Unless the landlord releases Jane with a written agreement, Alex may be responsible for paying the full rent.
Lease Amendment: To add or remove roommates officially, request a "Lease Addendum" or amendment form from your landlord for their approval. Many landlords require everyone to sign any changes.
- Example: If Meghan is added mid-lease as a roommate, signing an addendum makes her jointly responsible.

Tip: Always use written agreements and keep copies of all documents related to roommate changes or notices.

Resolving Roommate Disputes and Tenant Protections

If a roommate stops paying or damages the property, landlords may pursue all tenants for the entire liability. South Carolina law does not require landlords to collect "shares"—any tenant can be held fully accountable. Internal agreements between roommates (such as Venmo splits or informal IOUs) typically aren't enforceable by landlords.

For disputes between roommates, small claims court may be an option, but prevention is best—use clear written agreements and communicate regularly.

Relevant State Tribunal and Legislation

The primary body for rental disputes in South Carolina is your local Magistrate Court, which handles landlord-tenant issues such as evictions, rent disputes, and security deposit claims. Learn more at the South Carolina Magistrate Court Information.

The South Carolina Residential Landlord and Tenant Act sets out renter rights and obligations statewide.

Action Steps for South Carolina Roommates

Ask your landlord to clarify whether the lease is "joint and several." Get any changes in writing.
If a roommate needs to leave, try to negotiate a mutual termination or official lease amendment.
Keep written records of all payments, communications, and roommate agreements.
For rental disputes, contact your local Magistrate Court or review official South Carolina tenant laws.

Remember: Being proactive and well-informed can protect all roommates' interests, reduce disputes, and help you maintain a positive rental history.

Frequently Asked Questions

Can my landlord make me pay my roommate's unpaid rent?
Yes. If your rental agreement uses joint and several liability, your landlord can legally require you to pay the full rent if your roommate fails to pay.
If my roommate damages the property, am I responsible?
Yes. Under joint and several liability, all roommates named on the lease can be held responsible for property damage caused by one tenant.
How do I officially remove a roommate from the lease in South Carolina?
Contact your landlord and request a lease amendment or addendum. All parties (including the departing roommate and landlord) must agree in writing for it to be valid.
Can I take my roommate to court if they don't pay their share?
Yes. While landlords can seek the full amount from any tenant, you can file a claim in small claims (Magistrate) court against your roommate for their share if they don't reimburse you. However, court costs and limits apply.
Where can I learn more about my rights as a renter in South Carolina?
Visit the South Carolina Residential Landlord and Tenant Act for official statutes and protections.

Key Takeaways for South Carolina Roommates

Most South Carolina leases with multiple names create joint and several liability—meaning all roommates can be held fully responsible for rent and damages.
Roommate changes should be managed with written agreements and landlord approval.
For unresolved disputes, local Magistrate Courts handle landlord-tenant cases statewide.

Need Help? Resources for Renters

South Carolina Magistrate Court: Handles landlord-tenant disputes, including eviction and unpaid rent cases.
South Carolina Residential Landlord and Tenant Act: Complete text of state rental law.
South Carolina Legal Services: Free and low-cost legal help for eligible renters.
LLR Official Forms and Notices: Access lease templates, notice samples, and more.

South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. §§ 27-40-10 et seq.)