Legal Definitions - cotenants

Cotenants are two or more individuals who share the rental of the same property under a single lease or rental agreement. This arrangement means that each cotenant is equally bound by the terms of the lease and is typically held jointly and severally liable for fulfilling all obligations. This includes ensuring the full rent amount is paid and covering any damages to the property, regardless of which specific cotenant caused them. A fundamental aspect of cotenancy is that each cotenant generally has the right to access and use the entire rented premises without being excluded or interfered with by another cotenant.

Here are some examples illustrating the concept of cotenants:

• Shared Apartment Among Friends: Imagine three friends, Liam, Maya, and Noah, who sign a single lease agreement together to rent a three-bedroom apartment for a year. They are all cotenants. If Liam decides to move out unexpectedly and stops paying his share of the rent, Maya and Noah are still legally responsible to the landlord for the *entire* monthly rent amount, not just their individual portions. Furthermore, if Noah accidentally causes significant damage to the kitchen counter, Liam and Maya are also financially liable for the repair costs, even if they weren't directly involved in the incident.

• Couple Renting a Family Home: Consider Sarah and Ben, a married couple, who jointly sign a lease to rent a house for themselves and their children. They are cotenants of the property. Both Sarah and Ben are fully and equally responsible for ensuring the rent is paid on time, maintaining the property according to the lease terms, and adhering to all other clauses in the agreement. If Ben were to cause damage to a bathroom fixture, Sarah would be equally responsible for the cost of its repair or replacement. Neither can legally prevent the other from accessing any part of the house without a specific legal order.

• Business Partners in Commercial Space: Suppose two entrepreneurs, Emily and Jake, co-own a small consulting firm and sign a single lease agreement for an office suite in a commercial building. They are cotenants of the office space. If their business experiences financial difficulties and they fall behind on rent payments, the landlord can pursue the full outstanding amount from either Emily or Jake individually, or from both collectively. Additionally, if Jake were to change the locks and prevent Emily from entering the office, Emily would have legal grounds to challenge this action because, as a cotenant, she has a right to access the entire leased premises.