What happens if my roommate moves out and stops paying rent?

Asked by: Tate Hyatt III  |  Last update: February 5, 2026
Score: 4.3/5 (28 votes)

If your roommate moves out and stops paying rent, you are typically responsible for the full rent to the landlord, as co-tenants are jointly liable, and the landlord can evict everyone or pursue collections; your recourse is to sue the former roommate in small claims court for their unpaid portion, but you must first pay the full rent yourself and try to find a replacement roommate quickly.

What happens if your roommate moves out before the lease is up?

Under joint and several liability, if one roommate leaves, the landlord can still look for the remaining tenant to pay the monthly rent in full until the lease ends, even if the co-tenants had an agreement among themselves to share the rent.

What happens if you just move out and stop paying rent?

They will have to file an eviction and then you'll owe last month's rent, it'll go to collections and then it eventually falls off but might hurt your credit score a little and you'll have an eviction on your record.

Do I have to pay rent if I've moved out?

This means that if you move out early without your landlord's agreement or without an order, you'll have to keep paying rent until the end of the fixed term period whether you live there or not. One way to get your landlord to agree to let you leave earlier is to find someone to take over your tenancy.

How to deal with someone who doesn't pay rent?

Send an official late-rent notice.

If talking directly to the tenant isn't sufficient or feasible, issuing a rent collection letter is a good next step. This official document outlines the past-due rent owed, any additional costs incurred due to late payments, and the consequences of not paying rent in full.

What To Do When a Roommate Fails To Pay Rent | LawInfo

19 related questions found

Can a roommate move out without notice?

If there's a lease, the tenant should either get permission from the landlord to leave early or, if this is impossible, find a new tenant who is acceptable to the landlord. If a co-tenant simply leaves without the landlord's okay or without an acceptable substitute, the fallout can be serious.

Can you get in legal trouble for not paying rent?

If you are even one day late with your rent, the landlord can serve a notice on you demanding you vacate the house or apartment in 10 days. If you do not do so, the landlord may file a criminal complaint with the county court and you could face up to 90 days in jail plus fines.

What's the quickest way to get someone out of your house?

The Landlord and Tenant Branch is eviction court, and you do not have to be a landlord to file a case to evict someone. You do not have to use the Landlord and Tenant Branch, but it is usually the fastest way to get a judgment to remove a person from your property.

How long can I stay if I don't pay rent?

If you have an assured shorthold tenancy

They have to give you at least 2 months to move out before they can apply to take you to court.

What if my roommate breaks the lease?

Technically, one cotenant's leaving is a breach of the lease, and could provide the landlord with grounds to terminate the entire tenancy. Moving out without the landlord's permission is a violation of a lease clause, and one cotenant's lease-breaking is a transgression for which all tenants are liable.

Can I kick someone out if their name is on the lease?

Can You Remove Someone from a Lease? Yes, tenants can work with the landlord to remove someone from the lease. However, a tenant cannot unilaterally remove someone from the lease without including the landlord in the process. The lease is a written agreement that is also a contract.

What is the most common cause for breaching a lease?

Here are common reasons why a tenant breaks their lease early and how you can prevent it.

  • Key Highlights:
  • Job Transfer. ...
  • Change in Household Size. ...
  • Loss of Income. ...
  • Domestic Violence. ...
  • Better Housing Opportunity. ...
  • Valid Reasons a Tenant Can Legally Terminate a Lease. ...
  • Ensuring Tenant Retention with Harland Property Management.

How to kick out a roommate not paying rent?

Steps To Initiate the Eviction of a Non-Paying Roommate

  1. Serving a Formal Eviction Notice. ...
  2. Follow-Up Procedures. ...
  3. Law Enforcement Involvement. ...
  4. Landlord-Tenant Relationship Requirements. ...
  5. Legal Protection for Certain Populations. ...
  6. Local Court Procedures. ...
  7. Avoiding Self-Help Eviction Tactics.

Can I sue my roommate if they leave without paying rent?

Preparing to Sue

Most of the time, the best venue for filing a lawsuit against a roommate is your local small claims court. You can sue for the amount you're owed up to the state limit for small claims court, which usually ranges from $5,000 to $10,000.

Am I responsible if my roommate doesn't pay rent?

Conflicts Among Roommates

Sometimes one co-tenant will fail to pay their share of the rent. Even if you have a specific agreement about who pays how much rent, each of you is still independently liable to the landlord for all of the rent (or “jointly and severally liable” in formal legal terms).

Can I call the cops to get someone out of my house?

If your guest is not a tenant, and they won't leave your home, that can be considered trespassing. You can call the police, but it can be hard to prove to the police that the person no longer has your permission to live there.

How quickly can a tenant be evicted?

A section 21 notice has to give you at least 2 months. Some tenants have a right to a longer notice. For example, 3 months' notice if your rent is due every 3 months. Section 21 notices are sometimes called 'no fault' notices because your landlord does not need a reason for eviction.

What happens if you move out and still owe rent?

You could be responsible for the rent every month until the lease is over or until it gets rented again. Yes unless you pay. If you use a credit card and choose to cut it up you still owe the money. Pay or quit means you pay to stay or you quit and move out but still owe what is due.

Is it worth suing for unpaid rent?

Before pursuing legal action, landlords should conduct a cost-benefit analysis to determine whether the unpaid rent amount justifies the expenses and potential risks associated with a lawsuit. Consider court costs, attorney fees, and the likelihood of successfully recovering the debt.

What's the worst that can happen if you don't pay your rent?

If you don't make your rent payment on time, your rental agreement should spell out quite clearly what will happen. Laws vary from state-to-state, but it's very likely a late payment will cost you – first in additional fees, and eventually in a potential eviction.

What to do if a roommate moves out without paying rent?

What to do when your roommate stops paying rent

  1. Start with a conversation. ...
  2. Document everything. ...
  3. Check your lease. ...
  4. Review your roommate agreement. ...
  5. Consider mediation. ...
  6. Contact any guarantor or co-signer. ...
  7. Talk to your landlord or property manager. ...
  8. Look at legal options as a last resort.

What do I do if my roommate won't leave?

All you can do is serve him (roommate) with a 5 day notice to pay or quit (pay what's owed or leave) and file for an eviction with the court house after the 5 days. The ladies at the court house have a cheat sheet on how to fill out the form. You have to evict. Go to the courthouse and they will help you file.

Do I have to evict my roommate?

It is important to make sure you in fact have the right to evict whoever you are asking to leave. Typically, if you own the property, or are the primary tenant, you will have this right. If both you and your roommate, or neither of you, are on a lease, then you may not be allowed to evict them.