What to Do If Your Roommate Stops Paying Rent

There are many reasons why people hire roommates, but one of the most common is simple economics: rents continue to rise , half of all renters in the US are paying more rent than they can actually afford , and they can cover those costs significantly by splitting rent and other bills with someone else.

However, all of these benefits are based on one assumption: that your roommate will hold up their end of the deal and, you know, will actually pay their share of everything. When choosing a roommate, you should consider how it will affect you both personally and financially , and be prepared for the possibility that your roommate becomes insolvent and stops paying rent or part of the bills. Whether it’s due to personal financial difficulties or because you’ve accidentally let a sociopath into your home, a messy roommate can be a disaster. If your roommate stops paying their share, here’s what you can do about it.

Collect data showing they are not paying rent.

Your first step in dealing with this situation is to get the facts. If your roommate is in the tenancy as a co-tenant, has a separate lease, or if you at least have some kind of written roommate agreement , review the document to see what his financial responsibilities are and what the consequences are. if any, may arise. set out.

Next, establish evidence. Gather records of missed payments and your attempts to collect past due rent. If you haven’t sent your roommate any requests for late payments, start doing so in a way that leaves a mark – with emails or written requests.

Keep paying rent. If your roommate is a co-tenant or is otherwise formally involved in the tenancy, you may assume that he is responsible for his share of the rent, but most leases and rental agreements state that all tenants are ” jointly and severally ” liable, meaning that the landlord can claim damages. The full amount of rent from any tenant. If you only pay your share of the rent, you could face serious financial hardship if the landlord demands the rest from you.

Unless you have some kind of written agreement (unless your roommate is officially named in the lease), you can’t just kick him out. Of course, you can ask them to leave, but most states grant homestead rights to anyone who has occupied the home for a certain period of time, meaning they often have a certain grace period before you can legally force them to leave the home. Check your state’s laws so you know what to do.

Try (indirectly) negotiating with your roommate.

Once you know where you stand in terms of the written agreement, your next step is to start a dialogue. Pay attention to the financial burden they place on you and see if you can’t figure out how to contribute at least some of what they owe. Calling a professional mediator can maintain civility and offer a neutral way to discuss your concerns; many cities offer mediation services for landlords and tenants to resolve conflicts—for example, in New York , the New York Peace Institute offers mediation services. If your city doesn’t have one, you can contact the American Arbitration Association to recommend a mediator in your area. You can also try to negotiate some of the back rent—sometimes half of what you’re owed is better than zero.

If negotiations go nowhere, you can warn your roommate that your next step will be legal action. At this point, you may decide to cut your losses and try to negotiate a time frame within which they must leave the apartment, using the possibility of legal action as motivation. You may never get your money back this way, but at least you can stop the bleeding and eliminate this source of stress from your life.

Use your legal options if necessary.

If all else fails, you may have to sue your roommate to try to get the money. It’s actually not that difficult, but you will need to prepare:

• Agreements. Have copies of all written agreements with your roommate—a lease, sublease, or roommate contract is best, but any type of written agreement that outlines their financial responsibilities should be purchased. If your roommate has a separate sublease or rental agreement, ask the landlord for a copy.

• Letter of demand. Then send your roommate a letter detailing what they owe, called a demand letter . It should detail any payments they missed and your efforts to collect them, including the dates you asked for rent or other bills to be paid. It must also include a formal request for money by a certain date. Send the letter via certified mail or any service that provides proof of delivery.

• Sue. This type of claim can usually be filed in small claims court , meaning you won’t necessarily need an attorney. If you can prove that a) you had an agreement with your roommate in which they paid rent and/or part of the bills, b) they violated the agreement by not paying, and c) you suffered a financial loss as a result (because you had to pay all the rent), you have a very good chance of winning. This is where all the data you’ve collected comes in handy: if you can produce a written agreement, prove that your roommate didn’t pay as agreed and that you tried to collect, prove that you notified him, and show that you paid the amount. rent on their behalf, you will have a strong case.

Eviction is difficult, but possible.

If you complete all of these steps and your roommate still won’t pay or won’t move out, you may want to consider evicting him . This can be a much more complicated process , and you will likely need to hire an attorney to understand your state’s laws regarding tenancy and homestead rights. This is not a quick process (it can take up to a year ), so this route could cost you a lot of money while your roommate stays in your house and doesn’t pay rent.

If you have a good relationship with your landlord and your roommate is in a rental, you can enlist their help in the eviction process. Keep in mind that if you violate your lease by having a roommate who is not on the lease, you may be evicted along with them, so proceed with caution.

And no, you cannot engage in so-called ” do-it-yourself evictions ” such as changing the locks, throwing things outside, or making your room uninhabitable in any way. Even if their rental is not registered, this tactic is illegal and will only leave you in a worse position.

Ultimately, if your roommate ends up insolvent, your best bet is to negotiate with them and then try to get your money back through small claims court. Whatever you decide to do, be patient, take notes, and think about how to avoid this situation next time.

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