Flatmate Moved Out and Left You With the Rent? What to Do

Your flatmate packed up over the weekend, said “sorry, it’s just not working,” and left. Now the rent is due and it’s all on you. They still owe last month’s share of the bills too.

This is one of the most common renter problems in Australia. Here is how it actually works, and how to get your money.

First: who is on the lease?

This changes everything.

Both names on the lease (co-tenants): You are both “jointly and severally liable.” That is legal speak for: the landlord can chase either of you for the whole rent. Your flatmate leaving does not remove them from the lease. They still owe the landlord, and they still owe you their share.

Only your name on the lease (they were a sub-tenant or boarder): The landlord only knows you. Your flatmate’s obligation is to you, based on whatever you agreed, in writing or verbally.

Only their name on the lease: You are the one at risk. Contact the agent immediately about taking over the lease.

Step 1: protect yourself with the landlord

Do not just stop paying. That gets you evicted and wrecks your rental history. Tell the agent in writing that your co-tenant has vacated and that you intend to either:

• Have them formally removed from the lease and a new person added, or
• Take over the lease on your own, or
• End the lease (in some states, a co-tenant leaving lets you apply to end or vary the tenancy).

In New South Wales, Victoria and Queensland, a co-tenant can be removed from the lease by agreement or tribunal order. In Victoria, a remaining tenant can apply to VCAT to have the departed co-tenant’s name taken off.

Step 2: work out what they owe you

Write it down like a bill:

• Their share of rent from the date they left to the date a replacement moved in (or the lease ended).
• Their share of any bills up to when they left.
• Any damage they caused that came out of the bond.
• Minus their share of the bond you are holding (if it was refunded to you).

Be fair. You need to look reasonable if this ends up in front of a tribunal.

Step 3: send a Letter of Demand

A text saying “you owe me $1,800” is easy to ignore. A formal Letter of Demand is not. It should:

1. Set out exactly what is owed and how you calculated it.
2. Reference the lease (if they were on it) or your agreement.
3. Give a deadline for payment, usually 14 days.
4. State that you will take the matter to the tribunal or small claims court if unpaid.

A formal letter tells them you are serious and that ignoring it will cost them more.

Step 4: tribunal or small claims

If they were a co-tenant, disputes between co-tenants can go to the tenancy tribunal in some states (NCAT, VCAT, QCAT). Otherwise, it’s a small claims matter in your local court or tribunal. For amounts under $10,000 to $20,000 (depending on state), the process is designed for people without lawyers.

Their share of the bond

If they contributed to the bond, they are entitled to their share back at the end of the lease, minus what they owe. You can offset one against the other. Say so in your letter.

Don’t let it slide

The longer you wait, the harder it gets to collect. Send the letter now while they still have a conscience and a forwarding address.

Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes.