What to Do When Your Roommate Stops Paying Rent

Living with roommates clearly has its benefits, but it can also present some challenges. One of the toughest is when the roommate stops paying rent — or, even worse, stays without paying.

Inspired by the stories we’ve read online of roommates unable to make rent payments and the possible outcomes of such difficult situations, we put together a quick guide on how to handle all of this. What is the first thing you should do? What are your legal options? What is worth pursuing and what isn’t?

So, if your roommate is missing rent payments, here are some steps you can take:

Talk the talk

The first course of action to consider is communicating openly with your roommate. Explain how their failure to pay rent affects you (and the other roommates, if that’s the case) and ask them why they are not paying and when they can pay. Try to be calm and respectful, and avoid blaming or accusing them. If possible, try to come up with a payment plan. If you feel comfortable, you could cover the full rent payment and have your roommate pay you back or pay in full for a while once they’re back on their feet to break even.

Document the process

Once you are faced with your roommate’s inability to pay, keep records of everything. It’s important to document all the communication and transactions related to the rent issue. Keep copies of the lease, roommate agreement, receipts, bank statements, emails, texts, letters and notes of phone calls or meetings. This will help you prove your case if you need to take legal action or dispute any charges later.

Check the lease

Reference your lease and understand who is responsible for rent payments. Depending on the type of lease or rental agreement you have, you may be jointly or individually liable for the rent. If you have a joint lease, it means that all the roommates are renting from the landlord as a single unit, and each roommate is responsible for the entire rent, not just their portion. If one roommate does not pay, the landlord can hold any or all of the roommates accountable for the unpaid rent.

If you have an individual lease — only your name appears on the lease — you are the only one responsible for covering the payment in full. In this case, you can choose to evict your current roommate and find someone who can pay the rent.

Check the roommate agreement (if you have one)

Another document that you can go through is the roommate rental agreement. Though not mandatory, this is a very useful, legally binding document that does not involve the landlord. You can use it to settle how you and your roommate pay rent or how you use the space. If you and your roommate signed one, check to see what it says — how both of you agreed to split rent and make the payments — and use it when discussing the issue with the landlord or later, in court, if needed.

Go to a mediator

Mediation is a process where you and your roommate meet with a neutral third person who helps you communicate and reach a mutually acceptable agreement. A mediator can help you avoid costly and time-consuming legal disputes and preserve your relationship with your roommate. You can find a mediation service in your city or online.

Take it with… the parents?

As strange as it may sound, this could be a solution. If someone close to your roommate knows about the issue and approaches them about it, it could be the necessary incentive to make them more cooperative and responsible. On the other hand, their parents could cover for the missed payments and help with their eviction a smoother transition towards finding a new roomie.

Approach the landlord

Talk to your property manager or landlord and explain the situation. If you have a good relationship with your property manager or landlord, you may be able to negotiate a solution that works for both parties. For example, you may ask for a temporary rent reduction, a payment plan, a waiver of late fees, or a modification of the lease terms. You may also ask for permission to find a new roommate. However, keep in mind that your property manager or landlord is not obligated to agree to any of these requests, and they may still enforce their rights under the lease.

Take it to court

Consider legal action as a last resort. If none of the steps above work, you may have to sue your roommate who won’t pay rent in small claims court or ask your property manager or landlord to evict them. However, this should be your last option as it can be costly, time-consuming and stressful for everyone involved. Depending on the amount you need to (re)cover, it might not be worth the time and energy spent with going to court. You will also need to have strong evidence to support your claim and show that you have tried everything else to resolve the issue amicably. However, suing or evicting your roommate is not a guarantee that you will get your money back.