{"id":368980,"date":"2023-04-04T16:31:07","date_gmt":"2023-04-04T21:31:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/going-to-court\/can-i-sue-a-roommate-for-breaking-a-lease.html"},"modified":"2026-06-30T17:32:51","modified_gmt":"2026-06-30T22:32:51","slug":"can-i-sue-a-roommate-for-breaking-a-lease","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/going-to-court\/can-i-sue-a-roommate-for-breaking-a-lease.html","title":{"rendered":"Can I Sue a Roommate for Breaking a Lease?"},"content":{"rendered":"\n
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Can I Sue a Roommate for Breaking a Lease?<\/h1>\n\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, you can sue a roommate for breaking a lease if their actions caused you financial harm, such as unpaid rent or property damage. To succeed, you’ll need to prove your roommate was a co-tenant, failed to meet lease obligations, and that you tried to minimize the damages.<\/p>\n\n <\/div>\n\n\n\n

You are still on the hook to your landlord for the total amount of rent owed and for your roommate’s share of the expenses. But you can go after your roommate if they move out unexpectedly and stop paying rent.<\/p>\n

These cases are often handled in small claims court<\/a>. You may be able to seek compensation on your own in small claims court.<\/p>\n

But it may make more sense to speak with a\u00a0landlord and tenant lawyer<\/a> in your area first. An experienced attorney can help you understand your legal rights and strategize the best way to prove your case.<\/p>\n

Expectations of Roommates<\/h2>\n

Americans are increasingly sharing their home with others. According to the Pew Research Institute<\/a>, nearly 80 million Americans live in a shared home, generally defined as a household with at least one \u201cextra adult” who is not the household head, the spouse or unmarried partner of the head, or an 18- to 24-year-old student.<\/p>\n

You expect your roommate to be responsible and reliable. They are supposed to pay their share of the security deposit and pay every month’s rent on time. You expect them to contribute fairly to the utilities and help you clean when the lease is over.<\/p>\n

But this isn’t always the case. Signing a lease with a co-tenant also has some real risks. Your roommate could ditch you in the middle of the lease, leaving you to pay their portion of the rent and expenses for the duration of the lease.<\/p>\n

If this happens to you and the landlord comes after you for their share of the rent payment, consider bringing a lawsuit<\/a> against your ex-roommate. You have a claim.<\/p>\n

How Does a Lease Agreement Work?<\/h2>\n

A lease<\/a> is a contract that creates a legal and financial relationship between the landlord<\/a> and the tenant<\/a> with respect to rental property. A landlord-tenancy relationship creates obligations between the landlord and the tenant that are typically set out in a written lease.<\/p>\n

Among other obligations, a tenant is obligated to pay rent, typically on a monthly basis, to the landlord in exchange for the right to live in the rented location. If you don’t have a written agreement, the law of most states will impose a lease that lasts month-to-month.<\/p>\n

But, rent isn’t the only obligation created by a rental agreement. Most leases require tenants of real property to do all sorts of things, such as:<\/p>\n