Q: My son and a couple decided to rent a two-bedroom townhouse. Last month, all three signed the lease, and they each put up one-third of the deposit and one-third of the first month’s rent. Now the couple (who share a room) are saying that my son has to pay half the rent because he has his own room. This is not what they originally agreed to among themselves. I believe that since all three are on the lease, they should each pay one-third of the rent. Is my conclusion legally correct? –Jaci J.

A: When people rent a place together, how they share the rent is up to them — no law requires that they share the rent equally. That doesn’t mean, however, that they can’t agree among them that they will divide the rent in a certain fashion, and if they are wise, they will write down that understanding in a "roommate agreement." For example, a roommate with a large bedroom and private bath will often pay more than his two roommates who share a room and bath. A roommate agreement that is clear, signed and dated will be legally binding on each roommate who signs it. This means that if one roommate fails to pay his share, and the others cover for him, they can use the agreement as a basis for bringing a suit in small claims court for reimbursement. An oral agreement that covers the same issues is also legally enforceable, but it’s hard to win a case when the evidence boils down to "he said" and "she said."

In your son’s case, it appears that he and his friends initially agreed to split the rent equally per person, without regard to who shares a room and who does not. But is their oral agreement to share the first month’s rent in this manner legally binding on future months? Common sense would suggest that it would apply to the future, but your son is in the unfortunate position of not having a written agreement that he can rely on. Expect the couple to argue that they had no intention of applying the first month’s split to future months.

The short and practical answer to your son’s predicament is that he needs to confer with his housemates and hash this out again. If he cannot afford to shoulder half the rent, or feels it is unfair, he can always break the lease and move, though this will undoubtedly be an inconvenience and he cannot expect a good reference from the landlord. His departure would leave the couple in the position of paying for the entire rent, at least until they find a substitute — who may, like your son, decline to pay half when three people are living there.

Unfortunately, there’s one more hurdle that you may need to confront. While it is against the law to discriminate against you because of your association with a disabled person, the apartment firm may argue that its action had nothing to do with your wife’s condition and everything to do with the cost of treating that condition. Its argument would be that it fires anyone whose insurance costs reach a certain level, whether or not those costs are related to a disability. It’s unclear how a court would rule on this type of defense. There haven’t been many cases on the issue, and legal commentators disagree on how this defense should be analyzed. Where the law is unsettled and there’s so much at stake (not only your job, but your wife’s continued access to the health care she needs), you’d be well-advised to talk to a local disability-rights lawyer.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord’s Legal Guide" and "Every Tenant’s Legal Guide." She can be reached at janet@inman.com.

***

What’s your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.

Show Comments Hide Comments
Sign up for Inman’s Morning Headlines
What you need to know to start your day with all the latest industry developments
By submitting your email address, you agree to receive marketing emails from Inman.
Success!
Thank you for subscribing to Morning Headlines.
Back to top
Only 3 days left to register for Inman Connect Las Vegas before prices go up! Don't miss the premier event for real estate pros.Register Now ×
Limited Time Offer: Get 1 year of Inman Select for $199SUBSCRIBE×
Log in
If you created your account with Google or Facebook
Don't have an account?
Forgot your password?
No Problem

Simply enter the email address you used to create your account and click "Reset Password". You will receive additional instructions via email.

Forgot your username? If so please contact customer support at (510) 658-9252

Password Reset Confirmation

Password Reset Instructions have been sent to

Subscribe to The Weekender
Get the week's leading headlines delivered straight to your inbox.
Top headlines from around the real estate industry. Breaking news as it happens.
15 stories covering tech, special reports, video and opinion.
Unique features from hacker profiles to portal watch and video interviews.
Unique features from hacker profiles to portal watch and video interviews.
It looks like you’re already a Select Member!
To subscribe to exclusive newsletters, visit your email preferences in the account settings.
Up-to-the-minute news and interviews in your inbox, ticket discounts for Inman events and more
1-Step CheckoutPay with a credit card
By continuing, you agree to Inman’s Terms of Use and Privacy Policy.

You will be charged . Your subscription will automatically renew for on . For more details on our payment terms and how to cancel, click here.

Interested in a group subscription?
Finish setting up your subscription
×