Q: Co-tenants signed lease together and are breaking up.
Our daughter and boyfriend signed a housing lease. 4 months remain. Our minor grandson (10) visits and stays in his own room on the weekends. The boyfriend states his financial obligation moving forward, will be 1/3 of the rent. The boyfriend did make less money than our daughter when they signed, and she has, during the past months, paid more than her 50% share of the rent obligation. Her situation changed, and they both currently have the same weekly income level. Our question is, because our grandson has his own room there, is our daughter legally responsible for more than 50% of the rent? There wasn't a rental agreement between the two as to who would pay what. Only that she made more money at the time of signing the lease. The lease does not state her increased input towards the final monthly obligation. Any advice would be appreciated. They lease in Massachusetts. Thank you!
A:
I assume the lease states your daughter and the boyfriend are 'jointly and severally' liable for the rent. This means that each is liable for the entire rent. In the event of dispute, the landlord can seek the entire rent from either your daughter or the boyfriend or both. I don't think this makes your daughter liable for greater rent because your grandson resides with her.
I don't think your daughter is legally liable for more rent because the grandson resides in the premises. The division of rent liability is a matter of decision between the boyfriend and your daughter. I assume your grandson has been residing in his room at the premises since the beginning of the lease. The parties informal arrangement on who was responsible for what percentage of rent was driven by their respective incomes, not whether your grandson resided in the premises. Your daughter did not initially pay more because your grandson had a room, she paid more because she had more money. Since the grandson's presence or absence was never part of the calculation of who pays what rent, it should not be now.
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A: Most leases have joint and several liability so that each lessee is really responsible for the whole rent to the Lessor.
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