Joint and Several Liability for West Virginia Roommates

Understanding your responsibilities when sharing a rental can prevent unwelcome surprises down the road. If you rent an apartment with roommates in West Virginia, you may encounter a legal concept called joint and several liability. This term will determine how much you owe, what happens if a roommate can’t pay rent, and how your landlord might collect any unpaid debt. Knowing the basics can help you protect your rights and responsibilities under West Virginia law.

What Is Joint and Several Liability?

Joint and several liability is a legal principle often included in rental agreements when multiple tenants (roommates) sign the same lease. In plain terms, it means:

• Each roommate is individually responsible for the entire rent and any damages, not just their share.
• If one roommate doesn’t pay, the landlord may legally require the full payment from any of the other roommates who signed the lease.

For example, if three people sign a lease for $1,200 per month and one person leaves without paying, the remaining roommates could each be held liable for the full $1,200—not just their share.

How Is Joint and Several Liability Applied in West Virginia?

Most leases in West Virginia are written so that tenants share joint and several liability unless otherwise stated. Even if you pay your portion of the rent, you may still owe the full amount if your roommate does not pay.

The main legislation covering these issues is the West Virginia Code Chapter 37, Article 6: Landlord and Tenant^[1]. Under these rules, your landlord can choose to pursue any (or all) tenants for overdue payments or damages to the rental property.

What Does This Mean for You and Your Roommates?

• All signers of the lease share equal responsibility.
• The landlord can seek unpaid rent, utility bills, or repair costs from any tenant on the lease.
• Your credit score may be impacted if a roommate fails to pay and the debt is reported.

How to Limit Your Risk in Shared Housing

If you are about to sign or renew a lease with roommates, consider these steps to protect yourself:

• Roommate Agreements: Draft a written agreement, signed by all roommates, outlining how rent, utilities, and any damages will be divided and paid. While this does not change your legal responsibility to the landlord, it can help hold roommates accountable.
• Regular Communication: Set monthly reminders and check-ins to ensure everyone has paid their share.
• Individual Leases: If possible, look for landlords who offer individual lease agreements, which limit your liability to your portion of rent only.
• Promptly Address Issues: If a roommate moves out early or stops paying, notify your landlord right away.

Relevant Forms for West Virginia Renters

In certain situations, you may need to provide written documentation to your landlord or seek action through official channels. Here are key forms every roommate should know:

• Notice to Vacate – Use this letter to provide your landlord written notice of your intention to move out. West Virginia does not prescribe a formal form, but sample templates and guidance are available from the West Virginia Judiciary Landlord/Tenant Resources. Example: If you need to end the lease due to a roommate’s departure, provide the appropriate notice to avoid extra liability.
• Complaint to Magistrate Court (Form SCA-M435) – To resolve disputes about unpaid rent or damage, tenants may file a complaint in the Magistrate Court. This is also the venue for eviction (unlawful detainer) cases.

Which Authority Handles Tenant-Landlord Disputes?

In West Virginia, residential tenancy disputes are primarily handled by the West Virginia Magistrate Courts. You may initiate a case if you’re facing a dispute over payments, damages, or lease obligations related to joint and several liability.

Action Steps if a Roommate Stops Paying

If one of your roommates fails to pay their portion of rent or leaves unexpectedly, here are steps you can take to protect yourself:

• Communicate clearly and in writing with the roommate about their missed payment.
• Inform your landlord of the situation as soon as possible and ask about your options.
• If necessary, pay the rent in full to avoid eviction—even if you end up paying more than your share.
• Consider small claims court for reimbursement. Use the Magistrate Court’s complaint process if you seek to recover money from a non-paying roommate.

Taking prompt action reduces the risk of eviction or negative marks on your rental history.

Frequently Asked Questions about Roommates and Joint Liability

1. What happens if my roommate leaves and stops paying rent?
   Your landlord can require you, as a co-signer, to pay the full rent owed, even if you already paid your portion. You may pursue reimbursement from your former roommate through small claims court.
2. Does a written roommate agreement change my obligations to the landlord?
   No. Roommate agreements are helpful for keeping house rules and payment arrangements clear, but your landlord will hold all lease signers responsible under joint and several liability provisions.
3. Can my landlord evict just one roommate for not paying?
   Typically, the landlord must apply eviction procedures to all tenants named on the lease, not just the one who missed payments.
4. Where can I find official forms or file a complaint about a rental dispute?
   Official forms and complaint instructions are available from the West Virginia Judiciary Landlord/Tenant Resources. Complaints are handled at the Magistrate Court.
5. Is there a way to avoid joint and several liability?
   Requesting an individual lease from your landlord is the best way, but most West Virginia landlords use joint leases. Clarify terms before signing.

Conclusion: What West Virginia Roommates Should Remember

• If you and your roommates are on a lease, you are each responsible for the entire rent and damages—no matter who caused the issue.
• Protect yourself with roommate agreements and keep documentation of payments.
• If trouble arises, act quickly, use the appropriate notice or court forms, and seek help if needed.

Joint and several liability is a key part of shared housing in West Virginia. Understanding your obligations—and options—empowers you to make smart, informed decisions.

Need Help? Resources for Renters

• West Virginia Supreme Court of Appeals Landlord/Tenant Self-Help – Forms, instructions, and FAQs about rental rights.
• Legal Aid of West Virginia – Free or low-cost legal help for renters facing disputes.
• West Virginia Magistrate Courts – Tribunal for rental and roommate disputes.
• Consult West Virginia's Landlord and Tenant Laws for detailed legal protections.

---

1. West Virginia Code Chapter 37, Article 6: Landlord and Tenant
2. West Virginia Magistrate Court Forms
3. West Virginia Magistrate Courts

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