I believe there was a similar question posted previously, but I was hoping to get more information or links to information regarding my rights.
I signed into a multiple tenant lease agreement last year. Recently my roommate found a new job, locally, although they state that the commute from the current location would not work out. Both names are on the lease and there is nothing explicitly stating that one person is responsible for a certain amount (just two names and one total for rent). The assumed, as I would take it, is that each tenant is responsible for one-half the rent (for all preceding months we have been equally splitting rent and utilities).
If my roommate does move out and refuses to pay rent, what would be the recommended plan of action? I have no issue continuing to pay MY share of the rent, but I signed the lease with the expectation that the roommate would continue to pay their share. There is no clause about breaking the lease, only a 60-day show clause for the landlord to show the apartment near the end of the lease.
Can I refuse to pay their rent? If I do, is it the responsibility of the landlord to first take the roommate to court (if necessary) to get the rent? Or can they immediately jump at me? If I pay if, what are my rights regarding the roommate and their refusal to continue paying their share?
Are there any links for official information on a topic like this? Something I can refer to and fully understand my rights (in the case of a shared lease, not a lease in general)?
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Editor's Response
Typically, unless you have some unusual language in your lease, you and your roommate are both liable for the full amount of the rent. The landlord can choose to sue either or both of you to collect unpaid rent. You and your roommate can sue each other to collect any rent you were forced to pay to the landlord on behalf of the other tenant. You need to talk to your roommate, explain the situation (he or she cannot simply walk away from a lease) and start looking for a new roommate.
The situation would be different if each tenant had a separate rental agreement making them responsible for some independent, and smaller, amount of rent. As for further research, you can look in our MA Tenant Law Discussion Forum or Google the term "joint and several liability" for more information about this concept. Good luck.