What to Do When Your Roommate Isn't Paying Rent

Living with roommates can be a great experience. It can lower costs, build friendships, and even make life at home more enjoyable. But what happens when one of your roommates stops paying their share of the rent or bills? It’s a tough situation, one that can affect not just your finances but also the harmony of your living arrangement. 

Handling a non-paying roommate can feel overwhelming, but with empathy, clear communication, and a solid understanding of your rights, it’s possible to find a resolution. This guide will help you approach the issue calmly, effectively, and legally. 

Recognize the issue early 

The first step is to identify the problem as soon as possible. Has your roommate missed one payment or multiple? Are they unable to pay rent due to a financial crisis, or is this a pattern of irresponsible behavior? Understanding the root cause of the issue can guide you toward the best solution. 

What to do: 

• Have an honest conversation: Approach your roommate with empathy. There’s a chance they’re facing unexpected difficulties they’re hesitant to share. 
• Stay calm and composed: Frame the conversation in a way that focuses on teamwork — how can you both work together to address this? 

Review your lease or rental agreement 

Rental agreements spell out everyone’s responsibilities, including payment terms. In joint leases where all roommates are listed on the same lease, If one roommate doesn’t pay, landlords typically hold everyone responsible for the entire rent, which means their non-payment could force you to pick up the slack financially. 

Take time to review the lease agreement in detail to understand your legal standing. Key things to look for include: 

• The type of lease agreement (individual or joint responsibility) 
• Payment obligations and due dates
• Default procedures or penalties

What to do: 

• Be sure to read and understand your lease thoroughly. If your agreement includes a joint liability clause, this creates shared responsibility for rent payments. Missing payments from your roommate could affect your own track record with the landlord. 
• Check for any clauses about subleases or early lease terminations should this lead to unresolved issues.  

Keep records 

Documentation is crucial in these situations. Keeping track of conversations, payment records, and any agreements reached will help protect you legally if the situation escalates. 

What to document: 

• Dates and amounts of missed payments 
• Communication with your roommate about the issue (emails, texts, call summaries) 
• Any agreements made to resolve the problem

These records might be critical should you need to involve a landlord, mediator, or legal professional. 

Find solutions together 

Now, it’s time to propose practical solutions that help your roommate catch up on payments, while minimizing further damage to your living situation. 

Possible solutions include: 

• Flexible repayment plans: Agree on a schedule with your landlord that allows your roommate to pay off their share over several months. 
• Temporary assistance: If you’re financially able, consider covering their portion temporarily, but get everything in writing regarding repayment. 
• Finding support resources: Your roommate might be eligible for financial assistance programs or short-term loans that ease their situation. 

While offering solutions, stay empathetic but firm. Make sure any promises include specific timelines and terms, and put everything in writing to avoid misunderstandings later. 

Seek help from your landlord 

Engaging your landlord should come after you've already tried to resolve the problem directly with your roommate. Since landlords typically don’t appreciate late or partial payments, keeping communication transparent can help prevent additional issues. 

What to do: 

• Update your landlord on the situation and ask about their policies on handling non-payment by one roommate. 
• If your lease allows subletting or roommate changes, ask about the process and whether a formal amendment could be considered. Keep in mind: your roommate cannot be removed or replaced without their consent and the landlord’s approval. 

Understand your legal options 

If your roommate refuses to pay or cooperate, and it’s affecting your ability to remain in the home, you may need to explore legal actions as a last resort. 

Consult legal resources: 

• Small claims court may allow you to pursue unpaid rent from your roommate. 
• If payments are part of a sublease agreement, you might be able to argue breach of contract. 
• Tenant mediation services in your area can help resolve issues without the need for court proceedings. 

Pro tip: Research local laws related to landlords, tenants, and roommates. Tenant rights vary by state, so knowing the specific legislation where you live is crucial. 

Prevent future roommate issues 

Once the current situation has been resolved, it’s worth reflecting on how to prevent similar issues in the future. 

How to protect yourself next time: 

• Draft a roommate agreement that spells out payment responsibilities, shared costs, and consequences for non-payment. 
• Only live with roommates who have stable finances or require them to provide proof of income prior to moving in. 

When you are ready to find a new rental, Zillow’s Search Center has you covered. Find apartments, condos and houses for rent near you.