For tenants who sign a lease together, the answer may be found in a provision that receives surprisingly little attention: joint and several liability.
Many Tennessee residential leases provide that each resident is jointly and severally liable for the obligations under the lease. In practical terms, that can mean the landlord does not have to divide responsibility among the residents based on who caused the problem.
Consider a few examples:
- Two residents sign a lease and one moves out early. The remaining resident may still be responsible for the entire rent, not merely his or her “half.”
- One resident’s guest causes significant damage to the apartment. Depending on the lease language, all residents may be contractually responsible for the resulting charges.
- One resident repeatedly violates community rules or engages in conduct constituting a material lease violation. If the lease makes each resident responsible for violations by other residents, occupants, or guests, the violation may place everyone’s tenancy at risk.
That is the significance of the words “jointly and severally.” Each resident may be responsible both collectively with the other residents and individually for the full performance of the lease obligations.
Tennessee courts generally look to the lease to determine the parties’ contractual obligations, and unambiguous lease provisions are construed according to their ordinary meaning. Tennessee courts have also recognized that contractual language can alter rights and obligations that might otherwise exist under common law.
For landlords and property managers, the lesson is equally important: read the entire provision. Joint-and-several clauses often address much more than rent. They may allocate responsibility for resident and guest conduct, establish how notices and requests from one resident affect the others, and address other aspects of a multi-resident tenancy.
For residents, the takeaway is simple: choosing a roommate can be a financial and legal decision—not just a living arrangement.
When several residents sign one lease, each should understand that the lease may treat them as one household for purposes of both responsibility and enforcement.