A roommate agreement may be a legally binding contract between individuals who plan on living together as roommates. Using a roommate agreement form helps you easily document the responsibilities for each roommate as well as the terms of the agreement. Some of the items included in a roommate agreement include the amount of rent each individual is responsible to pay, whether the rent is paid to one roommate who will pay the landlord or if each roommate must provide their portion to the landlord, how much each person must pay in utilities, and which areas of the house each person is able to use or has responsibility for. It may also mention how items such as groceries and internet will be split or if each person is responsible for their own.
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What is a roommate agreement? Do I need a roommate contract? Components of a roommate agreement How to Write a Roommate Agreement Roommate Agreement TemplateA roommate agreement is a legal document used to create a binding contract between people who are collectively renting a property. This document will serve to protect these individuals in the event of a dispute by having all the expectations clearly outlined in a legal contract. This agreement should be put in place before the individuals move in together.
Different aspects of the rental agreement should be discussed, including how the monthly rent will be split and paid between the roommates. The contract should also outline who is responsible for various expenses such as utilities, maintenance, and upkeep. If this is clearly outlined, legal disputes can be avoided, since all parties involved with know their obligations. All parties should sign and date the form to demonstrate their understanding and agreement.
A roommate agreement is different from a lease agreement because a lease agreement is an agreement between tenants and a landlord, while a roommate agreement is between the people who choose to live together.
A roommate agreement may discuss things such as rent and utilities, but will also often include other details such as who is responsible for cleaning and how they plan to use the shared spaces.
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You should have a roommate contract if:
This agreement will provide you with an opportunity to discuss individual financial responsibilities, house rules, and how to resolve any disputes.
Financial - An important part of the roommate agreement is the agreement regarding any financial obligations. The roommate agreement can cover rent, security deposit, and utilities.
Non Financial - A roommate agreement may also cover acceptable roommate behavior. If you have any special concerns about health, allergies, or use of personal property, those are good things to include in the agreement.
You can take a look at a sample roommate agreement online to get an idea of what the final product should look like.
There are no laws that specify what must be put into a roommate agreement. The parties may be subject to the laws of their individual state regarding the lease and general contract principles.
Some aspects of the roommate agreement, such as cleaning duties, are unlikely to be enforced in court. However, a court will generally uphold any financial agreement regarding rent due, damages caused, or early termination of a lease.
A roommate agreement is a contract roommates draft/agree upon and sign, before or when they begin to live together in the same dwelling; it is a private agreement between co-tenants/residents of the rental property/unit and does not involve the landlord. In contrast, a lease is a legally binding contract between the tenants in a rental unit and the landlord/property manager (company).
In signing a lease agreement, tenants agree to pay rent and comply with all the terms of the lease agreement, including an eviction provision that is in compliance with applicable law. If one roommate vacates, the remaining tenants/renters are still legally bound by the lease and must continue to pay the full amount of the rent owed.
Unlike a lease agreement between a tenant and landlord, a roommate agreement in its entirety is not necessarily legally binding. Only certain provisions of a roommate agreement are likely legally binding; a roommate can be held responsible for a failure to meet financial commitments (e.g., rent, utility payments), but not for not for failure to comply with house rules (e.g., not following the kitchen cleaning schedule). Despite the fact that a roommate agreement is not the same thing as a legally binding lease agreement between the tenants and the landlord/property manager (company) or a sublet agreement between an original tenant/sublessor and a subtenant/sublessee, there may be some duplication in the items included in a roommate agreement and the lease or sublease in question.
Roommates have equal claim to shared spaces in the unit in question; as renters, they have a reasonable expectation to be able to use the space they are renting. As roommate relationships involve sharing, a roommate agreement should be drafted and signed by roommates before they actually live together -- to ensure that expectations and rules are clear and set, and that disputes will be resolved in an appropriate manner.
Common issues that can be covered and settled with a written roommate agreement are:
Even if a potential roommate is a best friend and will likely be a good roommate, a written roommate agreement will create an environment/living situation in which each roommate has a clear understanding of their financial obligations each month, such as rent and utilities, as well as their personal obligations as a co-tenant, including household duties and house rules, assuring that the roommate relationship will work.
The items that should be included in a good roommate agreement are:
External Roommate Agreement Resources
