What does joint and several liability mean in a lease?
Joint and several liability means each person who signs the lease is on the hook for the entire obligation, not just their share. If your roommate stops paying or moves out, the landlord can legally demand the full rent from you alone, regardless of any private agreement you have with your roommates.
Is it normal?
Very common in shared rentals. Landlords use it so they don't have to chase each tenant separately. It's standard, but it carries real risk if you don't fully trust your co-tenants.
What to watch for
- You can be sued for the full rent even if you paid your share.
- Damage caused by one roommate becomes everyone's responsibility.
- One person's eviction can affect the whole household.
How to negotiate it
- Ask for separate ('several only') leases so each tenant owes only their share.
- Request a clause capping each tenant's liability to their portion.
- Have a clear written roommate agreement as backup (even if it doesn't bind the landlord).
Example
"Each Tenant shall be jointly and severally liable for all obligations under this Lease, including the full amount of rent."
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Explain my leaseFrequently asked questions
Can my landlord make me pay my roommate's unpaid rent?
Under joint and several liability, yes. The landlord can pursue any tenant for the full balance and let the tenants sort out reimbursement among themselves.
How do I protect myself from joint and several liability?
Ask for individual leases, choose roommates carefully, and keep a written roommate agreement documenting who pays what.