SHOULD I GET A ROOMMATE?

Deciding whether or not to have a roommate can be a tough decision. Sharing the cost of rent, utilities, and food can help lower your expenses, and having a roommate can be fun. On the other hand, generally each roommate is responsible for the entire rent (called "joint and several liability" in legal terms). This means if your roommate does not pay his half of the rent one month or disappears without a trace, the landlord can sue you for the entire rent - even if both of your names are on the lease.

CAN I GET A ROOMMATE AFTER I MOVE IN?

Your lease should tell you whether or not you are allowed to have a roommate. Regardless, you need to get permission from your landlord before you get a roommate.

WHOSE NAME SHOULD BE ON THE LEASE?

If you decide to have a roommate, both of your names should be on the lease. Having your roommate's name on the lease will help protect you. If you move out, make sure the landlord removes your name from the lease, because as long as your name is on the lease you can be held liable for rent.

WHAT ABOUT UTILITIES?

If your name is on the bill, the company can hold you responsible for the entire bill. For example, if your name is on the telephone bill, and your roommate spends all night on the phone to Timbuktu, the phone company can make you pay for her phone call. Make sure every bill is paid in full, on time, each month - late or missed bills can result in interest charges, late fees, utility shutoffs, and a bad credit rating. Even if you pay your half of the bill but your roommate does not, you could end up with a bad credit rating. If you do not want your name on the bill, do not give the company your name and do not send the company a check with your name on it. When you call to set up your utilities, the company may ask who else is living with you. You do not have to tell them who else is living with you.

WHAT IF I MOVE IN WITH SOMEONE ELSE?

If you move in with someone who has an unpaid bill, you are entitled to get utilities in your name. However, you cannot do account rotation. Account rotation is when roommates run up a delinquent bill in one person's name, and then try to switch the account to the other roommate while the delinquent person still lives there.

HOW CAN I PROTECT MYSELF?

Many utility companies have budget payment plans available. In these plans, the company will estimate how much your bill will be, and then charges you that same amount every month. The advantages of the budget plan are that you know how much your bill will be every month so you can budget accordingly, and that your bill will not fluctuate with season changes (in other words, your electric bill will not be higher in the summer because of running your air conditioner). Periodically, the utility company may adjust how much your monthly payments are based on your actual utility usage.

CAN I SUBLEASE MY APARTMENT?

Missouri law says you must have your landlord's permission to sublease or assign your apartment. If your lease is for 2 years or less, you must have your landlord's permission in writing. If you sublease or assign your apartment without the landlord's permission, the landlord can charge you damages equal to double the amount of rent due (ill addition to the rent due). For example, if the person you subleased to didn't pay rent for 2 months, and rent was $200 per month, then in addition to having to pay the $400 rent that was due, the court could also make you pay another $800 as punishment for subleasing without the landlord's permission. In that scenario, the original tenant or the sublessor would have to pay a total of $1200!

If you sublease or assign your apartment, you are still responsible for paying the rent. In other words, even if you let someone sublet your apartment, if that person skips town and doesn't pay rent, the original tenant (who is on the original lease) is liable for the rent. Therefore, it is very important that you know and trust the person to whom you sublease.

WHAT IF I LIVE IN SECTION 8 OR PUBLIC HOUSING?

There are additional restrictions on people that live in section 8 or public housing. Before you have someone move in, make sure you check with the landlord or management. If you let someone move in without permission from the management, you could be evicted.

WHAT ABOUT MOVING OUT?

Make sure you give proper notice, in writing, to your landlord. Month-to-month tenants need to give notice at least one full rental period before you move out. For example, if you usually pay rent on the first of the month, and you want to move out on August 31, you will need to give notice by July 31. If you want to move out in the middle of the month, then you still have to give notice one full rental period before you want to move out. For example, if you want to move out on September 15, you would still have to give notice in writing by Jul',' 31, and would need to ask the landlord whether he or she was willing to prorate the rent for the 15 days in September.

Fixed-term tenancies (i.e. 6 month, 1 year leases) do not require notice since both parties know when the lease expires. However, leases often state their own notice requirements, with additional information about renewing or penalties for breaking the lease. It is good practice to give notice even with a fixed-term lease, especially so you both can agree to a move-out inspection (Move-Out Inspection forms available at InfoLine)

CAN I KICK MY ROOMMATE OUT OF THE APARTMENT?

Last modified: May 24, 1999