Living in a shared property—whether it’s a house, apartment, or rental unit divided among roommates or co-tenants—can lead to complex legal situations when eviction becomes necessary. When disputes arise in shared living arrangements, especially those involving non-payment of rent, lease violations, or interpersonal conflict, the question of who pays legal fees for eviction becomes especially important.
Legal fees in eviction cases can include court costs, attorney’s fees, and service fees for notices or documentation. In a shared property, determining responsibility for these expenses depends on several key factors: the structure of the tenancy, the lease agreement, who is being evicted, and how the court rules.
Understanding Tenancy Arrangements in Shared Properties
In a shared rental, there are typically two main types of tenancy arrangements:
- Joint Tenancy – All roommates sign the same lease and are collectively responsible for the entire rent and obligations. If one person violates the lease, the landlord can hold all tenants responsible.
- Individual Lease Agreements – Each tenant signs a separate lease with the landlord and is only responsible for their portion of the rent and duties.
This distinction plays a major role in determining who pays eviction-related legal fees. In joint tenancies, all tenants may be impacted by an eviction, and costs could be shared. In individual leases, only the specific tenant in violation is typically affected.
Who Pays the Legal Fees?
When an eviction case is filed in a shared property, the party initiating the eviction (usually the landlord) pays the initial legal fees, including filing and service costs. However, the final decision about who must pay these fees depends on the outcome of the case, the lease terms, and the court’s ruling.
1. If the Lease Includes a Legal Fees Clause
Many rental agreements include a clause specifying that the losing party in any legal dispute must pay the prevailing party’s attorney’s fees. In shared housing situations, this can become complicated.
- If one roommate is being evicted for non-payment or misconduct, the landlord may pursue legal fees from that individual only.
- In a joint lease, all tenants may be liable for the legal fees if one tenant’s actions trigger the eviction and the lease allows shared responsibility.
2. If One Roommate Is the Cause
In many cases, especially with joint leases, one tenant’s behavior—such as failing to pay rent or violating house rules—can affect everyone. If the landlord evicts all tenants due to one person’s conduct, the legal fees might be imposed on the group unless the court determines otherwise.
Roommates may be able to seek reimbursement or damages from the responsible tenant through small claims court if they had to share the burden of legal fees due to another person’s fault.
3. In the Absence of a Lease or Legal Clause
If there is no written lease or no clause about legal fees, then local landlord-tenant laws and court discretion apply. In such cases, courts may not award legal fees to either party unless bad faith or extreme misconduct is proven.
Final Thoughts
Evictions in shared properties can create financial and legal complications, especially when trying to assign responsibility for legal fees. The determining factors include the type of tenancy, the behavior of each tenant, the lease terms, and state laws. In joint lease situations, all roommates may be on the hook—even if only one person is at fault. To avoid confusion or unfair outcomes, it’s crucial for all tenants in shared housing to understand their lease agreements, communicate openly, and know their rights under local law.
