When renting, it’s common for tenants to bring in roommates or people who live in the same space as them but aren’t necessarily on the lease. Roommates may possess basic tenancy rights, even if they aren’t formally named on the lease, including the right to privacy and freedom from unlawful evictions.
Roommate agreements are an effective way to set boundaries regarding rent payments, household responsibilities, rules for the unit, and other important details. They can help roommates manage their rights and liabilities and avoid conflicts with fellow roommates.
Depending on where you live, the laws and regulations involving roommate rights and occupancy guidelines vary. Explore this guide to roommate rights and liabilities to learn more.
- Do Roommates Have Rights?
- What If I Violate the Lease as a Roommate?
- Can a Landlord Add My Name to the Lease If I'm Currently a Roommate?
- Can I Take Over the Primary Tenant's Lease When They Move Out?
- How Do I Settle a Dispute with a Roommate?
- What Happens If One Roommate Doesn't Pay Rent?
- Can an Apartment Have Additional Occupants?
- Can I Be a Roommate in Public Housing?
- Preparing a Roommate Agreement
- The Bottom Line
Do Roommates Have Rights?
While the exact requirements vary based on your location, roommate laws generally ensure that roommates have basic tenancy rights. These rights are available to roommates if they are named on a signed lease agreement or if they’ve been living in the unit for more than 30 days. Short-term renters and guests usually do not have these same protections.
The basic roommate rights include but aren’t limited to:
- A safe, functional living space
- A clear, written lease with set rent amounts and terms of occupancy
- Privacy and advance notice from the landlord before entering the unit
- Freedom from discrimination in housing
- Access to repairs, managed by the landlord, to ensure a habitable unit
Roommates also have protection from unlawful evictions and attempts to deliver invalid notices to quit. Unless the parties have established a sublease agreement, the primary tenant usually has no authority to evict or remove a roommate from the unit; only the landlord can initiate a lawful eviction.
If a landlord evicts you, they must follow the proper eviction proceedings. These proceedings involve issuing advance written notice and participating in a court case.
What Rights Do I Have If My Name Is Not on the Lease?
Roommates have rights even if not on the lease, depending on how long they have occupied the unit and whether they’ve signed a roommate agreement.
Roommates who have lived in a unit for more than 30 days, can show proof of paid rent, or have another proof of residency are protected from unlawful evictions without advance notice.
Generally, if you have been a roommate in a unit for more than 30 days, you must receive a 30-day advance eviction notice from the landlord before you are required to leave. These eviction proceedings must also go through the court.
What If I Violate the Lease as a Roommate?
Even if you are a roommate who isn’t officially on the lease, violating the lease can cause issues for you and the other occupants. If you violate the lease by not paying rent, making late payments, damaging the property, and causing noise disturbances, your landlord might opt to take action against you and the other people in the unit.
For lease violations not including late/missed rent payments, the landlord might issue a notice to comply or vacate. These notices give the residents of a unit a certain amount of time to either correct the lease violation or move out. The landlord will likely issue a late rent notice if the breach involves missing rent.
If the landlord lets you correct the violation and you don’t remediate the issue, the landlord may terminate the lease altogether. When the landlord opts to terminate the entire lease, all the other tenants you live with could face eviction, too.
Can a Landlord Add My Name to the Lease If I’m Currently a Roommate?
If you are currently a roommate, you may wish to add your name to the lease. In this case, you can ask your landlord to add your name to the lease. However, the landlord does not have to agree to this change.
When a landlord agrees to add your name to the lease, you and your co-tenant(s) may have to sign a new lease agreement or addendum reflecting these changes.
Can I Take Over the Primary Tenant’s Lease When They Move Out?
You might be able to take over the primary tenant’s lease when they move out, but the landlord ultimately decides whether you can do so. If your name is not on the lease as the primary tenant, you don’t have the inherent right to take over the lease.
If you live in an area with rent-stabilized and rent-controlled apartments, your state or city might allow residents of these units to have “succession rights” under certain circumstances. Family members and non-relatives who lived in the apartment and established a close, family-like relationship with the primary tenant sometimes have the right to take over a rent-controlled lease.
How Do I Settle a Dispute with a Roommate?
Disputes can arise when living with others over various issues, such as privacy invasions, chores, noise, or rent payments. Settle a dispute with a roommate by engaging in calm and open communication. Attempt to settle minor conflicts through honest conversations before they have the chance to become major issues.
Drafting a roommate agreement together can help housemates agree on boundaries, household rules, and the allocation of responsibilities. Setting these written rules can help prevent disputes in the future. If you need external help to resolve a roommate dispute, obtain advice from a qualified attorney or mediator.
Situations Involving Violence or Harassment
Seek immediate help if a roommate dispute involves violence or harassment. Roommate harassment laws protect tenants who are victims of domestic violence at the hands of a co-tenant. Reach out to domestic violence resources, such as the National Domestic Violence Hotline, to explore your options for protecting yourself and potentially removing the harasser.
What Happens If One Roommate Doesn’t Pay Rent?
Renters typically have “joint and several liability” for their rent payments. This situation means that all the tenants in a unit can be held responsible, even if just one roommate misses their rent payment. Landlords have the legal right to ask that the other roommates cover the missing rent.
If a roommate’s failure to pay rent results in late or missing payments to the landlord, the landlord may issue a late rent notice to the tenants and enact fines or penalties on the late rent amount. If the roommate fails to pay and the other tenants don’t cover the missing amount, the landlord may begin the eviction process or pursue other legal action.
If one of your roommates doesn’t pay rent, you might be able to sue them for the amount you had to cover. Consult with an experienced attorney to discover your recourse options.
Can an Apartment Have Additional Occupants?
Whether an apartment can have additional occupants depends on the laws of your state. Each state has different guidelines for how many additional residents are allowed in a unit.
For example, in New York, a single tenant can share their apartment with immediate family members, one additional person, and any dependent children if the apartment is the primary residence of the leaseholder (per NY Real Prop. Law § 235-F). However, an additional occupant isn’t permitted if two or more tenants are on the lease.
Before adding additional occupants to your apartment, check the laws in your area to ensure you stay within your area’s occupancy limits.
Can I Be a Roommate in Public Housing?
In most cases, only tenants named on the lease can live in public subsidized housing or units with a Section 8 voucher. According to 42 US Code Section 1437f, low-income/public housing is intended to serve families. While landlords may permit adding family members to the lease with the primary tenant, roommates are usually not permitted to join.
Preparing a Roommate Agreement
A roommate agreement can help you to assign responsibilities and liabilities to each person living in a unit. When you prepare a roommate agreement, you can ensure to cover the following aspects:
- Responsibility and liability for rent, deposits, and other bills/services, like internet, water, and electricity
- Responsibility/schedule for completing chores and household tasks
- How the parties will purchase and share food
- How the parties will use and divide the living space
- Agreed-upon house rules regarding pets, smoking, drinking, drug use, noise, quiet hours, and guests
- Timing and form of notice before any of the tenants decides to move out
- How the parties will handle any disputes that arise while living together
- Any other issues that are important to you and your fellow roommates
The Bottom Line
Even though the law doesn’t view a roommate the same as a tenant, a roommate may have certain protections if specific circumstances apply. With these protections, they also have distinct responsibilities to pay rent, navigate disputes, and live according to the terms of an established roommate agreement.
