Just because you pay your share of the rent on time, doesn't mean you are immune from late fees and possibly eviction when your roommate continues to pay a portion of their rent late. It stuns me how many people think this is the case, but let's take a closer look.

If two people sign a lease agreement with the understanding that they will be paying the landlord a sum total of rent each month, the landlord's only concern is that that sum total shows up in their mailbox every month. It is of no concern to the landlord how the two roommates decide to split that payment up during the course of their lease agreement. The legal term for this is 'joint and several liability'.

Let's say you rent a 2-bedroom unit with your roommate at a total rent of $1,200 per month. You and your roommate agree that you'll pay $650 and your roommate will pay $550 every month. You've decided this because your room is considered the master suite - it's a bit bigger and you have a bathroom in your bedroom (as opposed to the hallway). Six months into your lease agreement, your roommate informs you that they will be short on this month's rent. But you say, "I'm paying my entire share, what's it to me if they are late?" Well, to put it bluntly, you will be in violation of "joint and several liability" and would legally be responsible for any late fees and could be evicted just like your roommate! It may not seem fair to you, but that's how it goes so know what you are signing when you jot your name down on that lease agreement

What if my roommate and I have a written agreement about who pays what?

Unfortunately, even though you may have something written up between the two of you, you will still both be responsible for paying the full amount each and every month. Having a written agreement (outside the lease agreement) is still a decent idea because it may help you collect the amount your roommate owes if they miss a payment or two. However, it will not stand in court should the landlord decide to evict you both.

What if we write a note explaining what happened?

Sticking with the example above... let's say your roommate can only come up with $400 of the $550 she is liable for. And they agree to put a note in with your rent explaining that she is the reason for the shortage and that the check enclosed represents your full payment of $650 and her partial rent of $400.

Although nice of her, please don't expect the landlord to care very much. They rented that unit for the full amount and expect that amount to appear every month in accordance with the lease agreement. If any portion of it is not there, it isn't their responsibility to determine the hows and whys. It is nothing personal, as many of the on-time people would think... your landlord will automatically consider both of your liable for the rent shortage.

What can you do about it?

Well, the first thing should be obvious... avoid moving in with people that can't pay their full share.

The long and short of it is that one of the most important part of being someone's roommate is knowing that you are on the hook collectively for the full amount of the rent. Considering you could be evicted due to your roommate's poor financial planning, you should make it a priority to determine if that person would make a good roommate before you move in together. Take the time to determine whether or not they will be financially reliable.

If you are currently in a scenario like the one I used as an example, it would be prudent to begin looking for a new roommate. As I have mentioned, if you stay in this situation, you are putting your tenancy at risk. Don't get evicted due to someone else's inabilities.