Sharing an apartment makes LA more affordable, but roommate situations can get complicated. Understanding your legal status—and protecting yourself with a roommate agreement—can prevent major headaches.
Types of Roommates
Your legal status depends on how you're set up:
Roommate Types
All names on the lease with equal rights and responsibilities. Each is liable to the landlord for the full rent.
One person on lease who rents to others. Subtenant pays master tenant, who pays landlord.
Living there without being on the lease or having landlord approval. Risky—can be grounds for eviction.
Co-Tenant Rights & Risks
Your Rights
- Equal right to the entire apartment
- Direct relationship with landlord
- Protected by the lease terms
- Can stay even if other co-tenants leave
Your Risks
- Joint and several liability — You're responsible for the full rent if a roommate doesn't pay
- Landlord can evict all co-tenants if any violate the lease
- You can't evict a co-tenant—only the landlord can
Subtenant Rights & Risks
Your Rights
- Written or oral agreement with master tenant
- Protection from self-help eviction (locks changed, etc.)
- In RSO buildings, master tenant cannot charge more than proportional rent
Your Risks
- If master tenant leaves, you may have no right to stay
- No direct relationship with landlord
- Master tenant sets the rules
RSO Subtenant Protections
In LA RSO buildings, landlords cannot unreasonably refuse a subtenant. If the master tenant moves out after 1+ year, the subtenant may have rights to take over the lease at the same rent.
The Roommate Agreement
Even if you trust your roommates, get everything in writing. A roommate agreement is a contract between you (not with the landlord) that protects everyone.
What to Include
- Rent split
Who pays what, when, and how
- Utilities
Whose name, how to split costs
- Security deposit
Who paid what, how it's returned
- Private vs. shared spaces
Who gets which room, shared areas
- House rules
Guests, quiet hours, cleaning, pets
- Move-out procedure
Notice required, finding replacement
When Things Go Wrong
Roommate Doesn't Pay Rent
- Co-tenant: You're liable for their share. Pay to avoid eviction, then sue roommate in small claims
- Subtenant: Master tenant can begin eviction process
Roommate Wants to Leave Early
- Check the lease for early termination terms
- They may need to find a replacement
- Document any damage before they leave
You Want to Leave
- Give proper notice (check lease and roommate agreement)
- Work with landlord to remove your name from lease if possible
- Get your security deposit share documented
Serious Conflict
If a roommate is violent, harassing, or engaging in illegal activity:
- Document everything
- Contact landlord (especially if lease violations)
- Consider a restraining order if necessary
- You may need to move out to protect yourself
Adding a Roommate
Want to add someone to the lease?
- Review your lease for subletting/occupancy rules
- Get landlord's written approval
- Decide if they'll be a co-tenant or subtenant
- Create or update your roommate agreement
- Have them sign the lease (if becoming co-tenant)