Free Roommate Agreement

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Roommate Agreement

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Frequently Asked Questions
What is a Roommate Agreement?A Roommate Agreement is a contract made between the residents of a rental unit. The agreement outlines the terms, conditions and responsibilities agreed to by each of the residents. Roommate Agreements are sometimes referred to as Roommate Contracts.


Your Roommate Agreement

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Roommate Agreement

The following roommates (collectively the "Roommates" and individually the "Roommate") have signed this Roommate Agreement (this "Agreement") on the ________ day of ________________, ________ for the following property:

________________________________________________________________ (the "Premises").

Roommate No. 1: _______________________
Roommate No. 2: _______________________
  1. EXISTING RESIDENTIAL LEASE AGREEMENT
  2. The Roommates acknowledge that one or more Roommates have signed a lease agreement with ____________________, the landlord(s) for the Premises, which commenced on February 7, 2023 and ends on February 7, 2023 (the "Residential Lease Agreement").
  3. This Agreement establishes the rights and responsibilities that the Roommates have with respect to each other. It does not replace or eliminate the rights and responsibilities arising from the Residential Lease Agreement.
  4. Except as provided in this Agreement, the Roommates are liable among themselves jointly and severally for all duties and obligations of a tenant under the Residential Lease Agreement.
  5. TERM
  6. The term of this Agreement ends on February 8, 2023.
  7. RENT
  8. The rent for the Premises is $______________ per week, due and payable on ____________________ of each week (the "Rent").
  9. All Roommates agree that if any act or failure to act by any of them results in any late fees or costs for failure to pay the Rent, including costs of collection, the Roommate(s) who paid late or who did not pay the Rent will be jointly and severally responsible for all costs and fees of the Roommates who paid on time.
  10. SECURITY DEPOSIT
  11. The Roommates have collectively paid a security deposit in the amount of: $____________.
  12. Any deductions from the deposit will be shared by all the Roommates in proportion to the amount of deposit paid. However, any damage caused by one of the Roommates and/or their guests will be paid only by that Roommate and will accordingly be deducted from that Roommate's portion of the security deposit.
  13. Each Roommate understands that, unless there is an explicit agreement with the landlord to the contrary, the landlord is obligated only to return the deposit to any one of the Roommates. Each Roommate agrees that if he or she is the one to whom the landlord returns the deposit, he or she will immediately return to the other Roommates their share of the deposit.
  14. Each Roommate agrees to repair and/or pay for any damage he or she causes to the Premises. Each Roommate agrees that if the landlord makes deductions from the security deposit for which that Roommate is responsible, he or she will reimburse the other Roommates for the resulting loss of deposit money.
  15. UTILITIES
  16. The Roommates agree that they share a duty to pay for the utilities that are not included in the Rent.
  17. The Roommates understand that if one or more of them does not pay his or her share of a utility bill, the other Roommate(s) must pay the unpaid share(s) or the utility may be discontinued. Each Roommate agrees that if other Roommate(s) pay his or her share of a utility bill, he or she will reimburse the other Roommate(s) as quickly as possible. Each Roommate agrees to pay his or her full share of any utility bill incurred during his or her occupancy of the Premises on or before the date payment is due.
  18. Copies of all bills will be provided for inspection to any Roommate who requests to see the bills. All bills will be kept in a safe place agreed upon by all Roommates to ensure they are available in the event of dispute.
  19. HOUSE RULES
  20. All Roommates agree to act reasonably in their dealings with each other and to refrain from any behavior, action or inaction that they know, or reasonably ought to know, will interfere with the other Roommates' quiet enjoyment. All Roommates agree to discuss concerns frankly and in a timely manner, and to refrain from emotional outbursts. Should negotiation become necessary, all Roommates agree to negotiate in good faith. All Roommates agree to respect each others' property, privacy and sleep schedules and to comply with all reasonable requests wherever possible.
  21. TERMINATION OF TENANCY
  22. No Roommate has the authority to force another Roommate to involuntarily end his or her occupation or tenancy unless otherwise agreed in writing.

We, the undersigned, hereby indicate by our signatures below that:

  • we have read this full agreement;
  • we understand all it contains; and
  • we agree to be bound by its terms and conditions.





________________________________________
Roommate 1





________________________________________
Roommate 2





_______________________
Date





_______________________
Date

Last Updated October 11, 2022

What is a Roommate Agreement?

A Roommate Agreement is a written contract between roommates that outlines their rights and obligations while living together.

This agreement includes house rules, maintenance duties, restricted behaviors, and more. For a Roommate Agreement to be useful, everyone sharing the household must agree to it.

A Roommate Agreement is also known as a:

  • Roommate contract
  • Housemate agreement
  • Roommate living agreement
  • Contract between roommates

Why are Roommate Agreements important?

Living with roommates comes with challenges, whether in a house, apartment, or condo. People have different standards for things like cleaning and quiet hours, resulting in disagreements.

Creating a Roommate Agreement provides an opportunity to discuss financial responsibilities, house rules, and household duties. Also, it allows you to discuss how issues and disputes will be resolved should they arise.

The following situations can all benefit from Roommate Agreements:

  • You and your friend are moving in together
  • You are moving in with a less-known acquaintance
  • You're renting a room in your home to someone
  • Your current roommate is subleasing their room to someone else
  • You move into a college dorm with a dormmate

No matter whether you and your roommate are signed to a month-to-month or fixed-term lease, it’s a good idea to outline expectations in writing to avoid future misunderstandings.

What is the difference between a Roommate Agreement and a Lease Agreement?

Although Roommate Agreements and Lease Agreements both relate to your living space, they do not involve the same parties or elements.

A Lease Agreement is a legal contract between a landlord and one or more tenants and is used to handle terms related to renting residential property.

On the other hand, a Roommate Agreement is a contract between roommates to divide and manage their responsibilities. The landlord is not a party to this agreement, even though their contact information may be listed in the contract.

If one roommate moves out and another remains in their rental unit, the remaining tenant may want to add a new roommate to the lease as a tenant and create a new Roommate Agreement.

What do I include in a Roommate Agreement?

Your Roommate Agreement’s terms should reflect your unique situation. Depending on what you and your roommate decide, your agreement will include some of the following information.

1. Information about the property, roommates, and original lease

Every Roommate Agreement should contain your names and the rental property’s address, including the street name or number, city, state, and ZIP code.

If there is an existing Residential Lease Agreement, include whether it ends on a fixed end date or automatically renews. In this case, also include the landlord’s name.

2. Term or length of the agreement

Your Roommate Agreement should specify an end date. In cases where there is a Lease Agreement, you may want the Roommate Agreement to end at the same time as the lease.

With the LawDepot template, you can also specify a fixed end date or fixed number of weeks, months, or years. Or, you can state that your Roommate Agreement automatically renews on a weekly, monthly, or yearly basis.

3. Rent responsibilities

An integral component of a Roommate Agreement is specifying rent responsibilities. Besides stating when and how often you and your roommate pay rent, your Roommate Agreement should also specify whether you will share the rent amount equally.

You may decide to split the rent equally or unequally, depending on your unique situation. Perhaps, your roommate has a larger bedroom, so they pay a larger portion of the rent.

Keep in mind, landlords usually want one rent payment. They don't want to be bothered with multiple payments from co-tenants. Consider designating one roommate who collects the entire rent payment to give to the landlord.

Lastly, you may specify whether one roommate is responsible for organizing and keeping records of payment information.

4. Security deposit details

State whether the landlord is requiring a security deposit. Most importantly, specify how the security deposit will be shared between you and your roommate(s).

Generally, roommates split the security deposit at the beginning of a lease and get it back when they move out. But what if one roommate moves out before the lease is up? One common solution is to have the new roommate pay the departing roommate their share of the security deposit.

5. Responsibilities for utilities and household costs

It’s imperative that your Roommate Agreement state how utilities and household costs are divided amongst you and your roommate(s). Utilities and household costs may include any of the following expenses:

  • Gas
  • Water
  • Wifi
  • Electricity
  • Telephone
  • Trash removal
  • Television service
  • Yard maintenance

6. House rules, roommate duties, and restrictions

Since a Roommate Agreement is a contract between people sharing a living space, it should include some basic rules. Having some guidelines for everyone to follow clarifies expectations and reduces the chance of disagreements.

In our Roommate Agreement you can specify rules regarding any of the following subjects:

  • Smoking
  • Alcohol
  • Illegal activities
  • Parties, gatherings, and celebrations
  • Quiet hours
  • Guests
  • Personal property

In addition to house rules, your Roommate Agreement should specify how parking, bedrooms, and household duties, such as cleaning and chores, are divided. It may also restrict certain things, such as having pets.

7. Rules for termination of tenancy

Lastly, your Roommate Agreement should include terms relating to terminating a tenancy. An agreement should answer the following questions:

  • Can a roommate terminate another roommate's tenancy?
  • How much notice does a roommate have to give before leaving?
  • How many days after leaving does a roommate have to provide a forwarding address?
  • How much time should be given to the departed roommate before any abandoned property can be discarded?

What happens if a roommate moves out?

When a roommate moves out, remaining roommates may ask their landlord for their consent to sublease to a new roommate or to amend the lease to include a new tenant.

Upon finding a new roommate, it's also a good idea to create and sign a new Roommate Agreement or create an Amending Agreement to modify your existing roommate contract.

Is a Roommate Agreement legally binding?

A Roommate Agreement is legally binding. However, things like the division of household chores are difficult to enforce in court.

On the other hand, a Roommate Agreement could be helpful if your roommate doesn’t fulfill their financial obligations and you take legal action against them.

For example, if a roommate fails to pay their share of the rent or refuses to cover costs related to the damage they caused, you may be able to use the Roommate Agreement to show that your roommate previously agreed to these terms in your contract.

Of course, expensive court costs usually keep people from taking legal action for petty disagreements and losses. That said, outlining expectations in a Roommate Agreement will help you avoid disputes in the first place.

Does a Roommate Agreement need to be notarized?

No, you do not need to notarize a Roommate Agreement. To ensure your document’s validity, you may choose to have someone witness it.

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