Can I take my roommates to a small claims court for not paying rent?

The rental office is just trying to get their money so I would read my lease over very carefully to see if it says that one or all of you are responsible. If I were the landlord that is how I would word it. That way they can go after all three of you or just the one who has money. Yes you can take them to small claims court but that doesn't mean they will pay up if you win. They still have to have a pay check you can garnish or own something you can put a lien on to eventually get the cash. Sorry, if they have parents you might let their families know that they owe you - not the landlord, and maybe they will anti up the fair share.

Will you need a lawyer? No. This is one of the universal joys (and I use the term in a slightly tongue-in-cheek manner) of Small Claims; self-represented parties are the norm. You might benefit from a paralegal, but I doubt the claim would be worth enough to merit the expense. As for whether or not the roommate will have to pay your court fees...that may depend on jurisdiction. I know that in Canada, the 'loser pays' system means that the answer is usually yes (if you're successful). In the Ontario Small Claims Court, for example, *as of right*, the winner gets court fees reimbursed along with reasonable disbursements for photocopying, travel, service, etc. There's also the possibility of additional costs to compensate you for the inconvenience or expense of going to court, but these are discretionary. However, I can't speak for the States at all; my understanding is that American courts have limited jurisdiction for costs awards.

Yes, you can take them to court for their share.

The landlord is also correct, they only have to go after one person on the lease for rent, so they can take a judgment against you for the whole amount owed, however you have the option of turning around and going after your roommate for their share by filing a small claims case against them.

Absolutely you can sue, and would probably win as well, that's the easy part.

Collecting is the hard part, the court will award you a judgment if you win, but they have nothing at all to do with the collection end of it, that's up to you. If they didn't pay their rent, what are the chances of them paying you?

Food for thought.

You can sue, but unless they have assets you can have the sheriff sell to pay for that debt, that judgment is worthless.

You could take over the entire lease on your name and then evict them for failing to pay you the rent. You would have to pay for the term of the lease though, but think that would be better as you could get paying roommates.

Don't consider that is right