Leases and deposits
What does "jointly and severally liable" mean in a lease?
Updated By the Housing Rocket moderators
Short answer
It means every tenant on the lease is responsible for the entire rent and any damage, not just their own share. If one tenant doesn't pay, the landlord can collect the full amount from any of the others, and can deduct unpaid rent or damage from the shared deposit.
Most leases with more than one tenant include this clause, even when everyone pays the landlord separately and each has their own bedroom. How you split the rent among yourselves doesn't limit what the landlord can collect from you.
A few things that follow from it:
- A guarantor who signs for one tenant may be on the hook for the whole unit's rent, not just that tenant's share, unless the guaranty limits it. Guarantors should read what they sign.
- Damage anyone causes can be taken from the whole deposit, so everyone has a stake in the move-out condition.
- If one tenant leaves, the others don't get a discount. The rent stays the same until the lease ends or is changed in writing.
If you want to be responsible only for your own room, look for individual or by-the-bed leases. Some student and co-living buildings offer them, usually at a higher price per person.
If you end up covering someone else's share, you can usually try to recover it from them later, including in small claims court. Keep records of every payment. For the day-to-day side, see roommate questions.
Want the whole picture? Read Renting Your First Apartment: Applications, Leases and Move-in Costs.