Who Pays Rent If a Roommate Leaves in Wisconsin?

If you’re renting in Wisconsin and your roommate suddenly moves out, you may be unsure about who is responsible for the rent and what steps to take. Roommate situations can become complicated, especially if one person leaves before the lease ends. This guide explains your rights, the landlord’s options, and official steps you can take to protect yourself under Wisconsin law.

How Wisconsin Rental Agreements Handle Roommate Liability

Most Wisconsin rental agreements name all tenants on the lease as "jointly and severally liable" for rent. This means:

• If a roommate moves out before the lease ends, the remaining tenants usually remain responsible for the full rent
• Your landlord can legally seek the entire rent amount from any remaining tenant, not just the person who left
• These rules are the same for apartments, homes, and most other rentals covered by Wisconsin Statutes Chapter 704 – Landlord and Tenant¹

Examples of Rent Liability When a Roommate Moves Out

• Both names on the lease: Both tenants are responsible. If one leaves, the other can be held liable for the entire rent.
• Only one name on the lease: That named tenant is legally responsible. If your roommate never signed the lease, they may not be directly liable to the landlord.
• Subletting: To avoid being responsible for your roommate’s share, you may be able to sublet (with landlord approval). You can use the official Lease Addendum/Sublease Form as needed.

What to Do If a Roommate Leaves: Renter Steps

If your roommate has moved out or notified you of their plans to leave, consider these practical steps:

• Review your lease to confirm roommate liability and subletting rules
• Notify your landlord in writing of the situation and discuss options (such as replacement roommates)
• Consider a written roommate agreement for future situations, though only the lease is binding for your landlord
• Keep paying full rent to avoid late fees, eviction notices, or damage to your rental record

Filling Out Official Wisconsin Forms Related to Roommate Changes

• Lease Addendum/Sublease Form: Lease Addendum/Sublease Form (no form number). Use this if you wish to sublet to a new roommate and your landlord agrees. Get landlord signature before the new roommate moves in.
• Notice to Vacate/Waiver: If a tenant plans to leave, written notice is best. While Wisconsin law does not mandate a specific statewide form, you can send a letter or email with your intent. For examples, see the Wisconsin Department of Agriculture, Trade and Consumer Protection’s Landlord-Tenant Guide.

What Happens If You Can't Pay the Full Rent?

Wisconsin landlords can issue a formal eviction notice if the full rent isn’t paid—regardless of which roommate left. You have the right to receive an official notice and time to respond. The main agency overseeing these disputes is the Wisconsin Circuit Court system, which handles landlord-tenant cases in your county.

• If you receive a notice, act quickly—respond in writing and seek mediation if needed
• If you pay what is owed before the deadline, the eviction may be stopped
• Roommate disputes about unpaid rent are usually handled in Small Claims Court if you need to collect money from a departed roommate

For more detail, review Wisconsin's official landlord-tenant guide and consider speaking with a local renter resource (see below).

FAQ: Wisconsin Roommate and Rent Liability

1. What if my roommate leaves and their name is on the lease?
   All tenants are still responsible for full rent unless your landlord releases the departed roommate in writing or you sign a new lease.
2. Can I remove my roommate from the lease myself?
   No. Only your landlord can officially remove or add tenants to the lease by issuing a signed lease amendment.
3. Who handles roommate rent disputes in Wisconsin?
   The Wisconsin Circuit Courts handle rent and eviction disputes between tenants and landlords.
4. What official form do I use for subletting?
   You can use Wisconsin’s Lease Addendum/Sublease Form with landlord approval.
5. How do I protect myself financially if a roommate leaves?
   Continue paying full rent, keep records, and consider pursuing your ex-roommate in Small Claims Court if they owe you money.

Conclusion: Key Takeaways for Wisconsin Tenants

• In almost all cases, remaining tenants are still responsible for the full rent when a roommate moves out
• Contact your landlord right away and review your lease for options like subletting or lease changes
• Use official Wisconsin forms and seek help from state resources if roommate disputes become legal issues

Stay proactive and informed—acting quickly can help you avoid eviction or unnecessary costs.

Need Help? Resources for Renters

• Wisconsin Landlord-Tenant Guide – Department of Agriculture, Trade and Consumer Protection (Official state renter handbook)
• Wisconsin Circuit Courts: Landlord-Tenant Disputes (Where to file eviction or Small Claims actions)
• Legal Action of Wisconsin: Tenant Rights Assistance
• For general questions: Call the DATCP Consumer Protection Hotline at (800) 422-7128

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1. Wisconsin Statutes Chapter 704 – Landlord and Tenant

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