Suing a Roommate for Unpaid Rent or Damages on a Joint Lease

Under a joint and several liability lease, every tenant is responsible for the full rent and total damages. If one roommate defaults, the landlord can pursue any or all tenants for the entire amount.

To recover your losses from the defaulting roommate:

1. Demand Letter: Formal written request for the owed amount (rent share + repair costs) with a deadline (typically 7–14 days). Keep copies.
2. Small Claims Court: File a lawsuit in the jurisdiction where the property is located. Bring: lease copy, proof of payment (bank records), move-in/out inspection reports, photos of damages, communication records.
3. Enforce Judgment: If you win, use wage garnishment, bank levy, or property lien to collect.
4. Mediation/Arbitration: Often faster/cheaper; many courts require it before trial. A neutral third party helps negotiate settlement.

Laws vary by state. Consult a local landlord-tenant attorney or legal aid clinic for jurisdiction-specific advice.