What are my rights if a roommate will not pay their share of the rent?

UPDATED: Jan 4, 2013

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What are my rights if a roommate will not pay their share of the rent?

I signed a lease with 2 other people; all of us are on the lease. They were a couple and broke up shortly after. The girl moved out and refuses to pay her portion. The boy does not want to pay more then half. Do I have any rights to only keep paying my third of the rent?

Asked on January 4, 2013 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can pay 1/3 of the rent under the fact situation but most likely the landlord will want the full amount. Your and the other roomate's recourse would be to pay the 1/3 amount of the girl who moved out and then sue her for the difference in order to keep the landlord happy.

You can possibly seek a modification of the lease where the landlord only expects you to pay 1/3 of the rent. If so, make sure you get such in writing signed by the landlord.

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