Two tenants and one unpaid rent bill: who is liable?

Two tenants signing one lease does not automatically mean that each owes the entire rent. Under Article 121 of the Obligations and Contracts Act, joint and several liability arises from statute or agreement. The wording identifying the debtors and their payment obligations is therefore decisive.

If liability is joint and several

The landlord may demand the whole obligation from either debtor. Payment by one discharges the others to the extent paid; the same rent cannot be collected twice. A private arrangement that each flatmate pays half does not necessarily restrict the landlord’s rights under a joint and several liability clause.

Moving out does not release a tenant

Removing belongings or giving a key to the other tenant does not itself amend the landlord’s agreement. Release from future liability requires arrangements addressing participation in the lease, the effective date and existing debts. A new flatmate does not automatically replace the departing debtor.

After payment

Article 127 governs contribution between the debtors. Unless their relationship indicates otherwise, the payment is borne equally, and a debtor paying more than their share may claim the difference. Evidence of the internal arrangement and notification to the others matter. Rent, the deposit and damage should be considered separately because their contractual allocation may differ.