Can a Landlord Evict Two Roommates If They Both Refuse to Pay Rent?

When faced with a situation where two roommates refuse to pay rent, the question arises: Can a landlord evict both tenants if they both refuse to pay the rent? The answer largely depends on whether the roommates share a joint agreement or have separate individual agreements. Let's explore this in detail.

Understanding the Lease and Rent Agreements

The terms of the lease are key to determining the answer to this question. If the roommates have a single lease agreement, they are typically considered jointly and severally liable for the rent. This means that if both tenants refuse to pay rent, the landlord has the right to evict both of them if the required notifications and 'right to cure' periods have passed without payment.

Joint and Several Liability: If the lease agreement includes the words 'jointly and severally' or a similar phrase, it explicitly states that both roommates can be held individually responsible for the rent. In such cases, the landlord can pursue either or both of the tenants for the full rent amount.

The Role of Roommate Agreements

Roommate agreements can sometimes clarify who is responsible for what, but they are not legally binding in many jurisdictions. If the roommate agreement is simply an internal agreement between roommates, it does not change the landlord's rights under the main lease agreement. The landlord can still evict either or both roommates if they do not pay the rent.

Splitting the Cost: Even if roommates decide to split the rent internally, they are still legally responsible for the full amount to the landlord. If one roommate fails to pay their share, the other roommate is still responsible for the remaining rent. This shared responsibility can complicate matters, but does not protect the non-paying roommate from eviction.

Limited Liability Situations

There are some scenarios where the landowner might be unable to evict both roommates if only one refuses to pay rent. For example:

Separate Leases: If each roommate has a separate lease agreement, the landlord can evict only the non-paying tenant. The other tenant would still be liable but would remain in the property unless they also fail to make rent payments. Property Allocation: If the roommates each rent out their own room in the property, then only the non-paying tenant would be legally liable and subject to eviction.

Note: These situations are less common and may require specific terms outlined in the lease agreement. It is crucial to review the lease and any relevant agreements to understand your legal obligations.

Understanding the Landlord's Perspective

From a landlord's perspective, the only concern is the rent being paid in full, regardless of who pays it. The landlord must receive the full rent amount to avoid lease violations. If the rent is not paid, the landlord has the right to pursue eviction proceedings against both tenants, even if only one of them is responsible for the full payment.

Steps a Landlord Might Take: 1. Send a formal notification of default 2. Give the required 'right to cure' period 3. File an eviction action if the issue is not resolved

In conclusion, whether a landlord can evict both roommates if they both refuse to pay rent depends on the specific terms of the lease and any other agreements in place. Joint and several liability under the lease is the most common scenario, giving the landlord the right to evict either or both tenants.