Co-Tenants

When two or more people sign the same rental agreement or lease – or enter into the same oral rental agreement – they are co-tenants and share the same legal rights and responsibilities.  This ­legal principle, known as "joint and several liability," has implications for co-tenants, and we want to make sure everyone understands the significance of this principle.

In Legal Terms:
"Joint and several liability" is where two or more persons are liable in respect of the same liability. Under joint and several liability, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment. This means that if the claimant pursues one defendant and receives payment, that defendant must then pursue the other obligors for a contribution to their share of the liability.

In Simpler Terms: 
Roommates are in this together – 
"One for all and all for one."

One for all. The Owner can demand the entire rent from just one co-tenant. The rent-sharing understanding you have with your co-tenant(s) is immaterial to the Owner. In other words, each co-tenant is liable for the full rent if for some reason your co-tenant(s) flake(s) out. 

All for one. Even innocent co-tenants will suffer the consequences of one co-tenant’s misdeeds. Unfair as it seems, the raucous party that your co-tenant threw when you were out of town can result in a termination notice directed to you, too.
 Joint liability does not mean that you can evict a co-tenant. Co-tenants cannot force each other out. If your roommate becomes insufferable, you will have to work it out between the two of you.


Should you be approved to rent, all co-tenants will sign a Co-Tenant Addendum To Rental Agreement that includes the following information:

SCREENING MULTIPLE TENANTS. The same general rules that apply to screening any applicant are applicable to screening multiple tenants. The Owner requires each applicant 18 years of age or older to complete an application to rent. As indicated under Rental Information and Qualifications, the total verifiable gross monthly income of all adult occupants shall be at least two and one-half (2½) times the monthly rental rate. Multiple tenants are not permitted to aggregate their credit scores to meet the screening criteria.

MULTIPLE TENANTS OR OCCUPANTS. Each Tenant(s) is jointly and severally liable for all Lease Agreement obligations. If any Tenant(s), guests, or occupant violates the Lease Agreement, all Tenant(s) are considered to have violated the Lease Agreement. Landlord’s requests and notices to any one Tenant(s) constitute notice to all Tenant(s) and occupants. Notices and requests from any one Tenant(s) or occupant (including repair requests and entry permissions) constitute notice from all Tenant(s). In eviction suits, each Tenant(s) is considered the agent of all other Tenants in the Premise for service of process. A notice to vacate must be signed by all Tenant(s) or it will not be considered valid.

RENTAL CONTRACT. Every person residing in the unit will be named in the rental or lease agreement. Occupants over the age of 18 should be required to sign the agreement, while those individuals under 18 may simply be named on the rental agreement of the responsible adult.

REPLACEMENT MULTIPLE TENANTS. When one, but not all, of the tenants in the above stated property vacates, any proposed replacement tenants will be subject to screening in the same manner as any other applicant. In addition, all tenants who will be residing in the unit will be required to execute a new rental agreement.

PAYMENT OF RENT. Multiple tenants may decide among themselves what portion of the rent each person will contribute. Despite any such agreement, however, each individual who signs the rental or lease agreement is liable not only for their "share," but for the entire rent, should any other multiple tenants default. If one tenant cannot pay his or her share of the rent in a particular month, or simply moves out, the other tenant(s) must still pay the full rent. One rent check for the entire rent, rather than several checks from individual multiple tenants, is due as indicated in Section 2 of the RESIDENTAL RENTAL AGREEMENT.

SECURITY DEPOSITS. The purpose of a security deposit is to ensure the unit is restored to its pre-move in condition (exclusive of normal wear and tear). The purpose of the security deposit would be defeated if it, or any portion of it, were returned by the owner to an individual tenant before the unit is returned to the owners’ possession. California law does not require an owner to return the deposit until 21 days after the unit is returned to the owner’s possession and does not provide for the return of a deposit to an individual roommate. The security is not divisible and stays with the unit. Accordingly, the deposit will not be returned until after the unit has been vacated and the owner has had the opportunity to assess and make appropriate deductions for damage to the premises. As a practical matter, this means multiple tenants must work out among themselves what to do when one tenant leaves.

PARTIAL EVICTIONS. The Owner legally holds all co-tenants responsible for the negative actions of one tenant and terminate everyone's tenancy with the appropriate notice. California law has no provisions for so-called partial eviction, where only one tenant is named in a notice to terminate. If it is necessary to terminate the tenancy of an offending tenant, all co-tenants will be named.

SUBLEASING AND ASSIGNMENT. As indicated in the RESIDENTAL RENTAL AGREEMENT, Resident shall not transfer their interest in or to RESIDENTAL RENTAL AGREEMENT, nor shall Resident assign or sublet said Premises, nor any part thereof. ANY ATTEMPT TO SUBLET OR ASSIGN SHALL BE VOID AND AN IRREMEDIABLE BREACH OF THIS AGREEMENT.

ADDRESSING CO-TENANT DISAGREEMENTS. Owner is under no duty to involve themselves in disagreements between tenants, Owner encourages tenants to develop a co-tenant agreement (between themselves) that clarifies some of the basic issues about sharing a residence. Disagreements can be kept to a minimum if each tenant understands his/her basic responsibilities. A co-tenant agreement is not binding on the landlord, but it is binding on the tenants who sign it. If any dispute among co-tenants becomes serious enough to threaten the health and safety of tenants or disrupts the quiet enjoyment of other tenants or neighbors, the Owner may need to step in to minimize potential liability. Tenants are bound by any decision made by the Owner.