A Roommate Agreement is a written contract made between the residents of a rental unit. It outlines the rights and obligations of each resident as well as the terms and conditions of living together, as agreed to by everyone sharing the household.

Whether you're living with roommates in a college dorm, an apartment, or a house, it is a good idea to put your informal arrangements in writing to avoid future misunderstandings.

Creating a Roommate Agreement provides an opportunity to have a serious conversation about individual financial responsibilities, house rules, and household duties. Furthermore, it gives you the chance to discuss how any issues or disputes will be resolved should they arise.

It's important not to confuse a Roommate Agreement with a Lease Agreement. Although they are similar documents that both relate to your living space, they differ in that 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. A Roommate Agreement, on the other hand, is a contract made between tenants who share a home together (i.e. roommates); the landlord is not a party (though their contact information may be included in the contract), and it is used to manage the day-to-day obligations of those sharing a living space.

This means, depending on the circumstance, that it is possible for roommates to sign both a Lease Agreement and a Roommate Agreement (when they are both a tenant of the property as listed in the rental lease and a resident sharing the home as a roommate).

Keep in mind, all residents who are named on a property’s lease are equally liable for rent payments and damage to the rental property.

A typical Roommate Agreement includes:

• Information about the individuals sharing the home (i.e. the roommates)
• Information about the landlord or property manager (if the roommates are residing in a rental property)
• Term or length of the agreement
• How rent payments will be split among roommates and how often rent will be paid
• Whether a security deposit is required and how the payment will be shared
• How bills and expenses such as heat, electricity, and internet will be divided
• Rules for terminating a roommate's tenancy
• House rules, duties, and restrictions

A well-written Roommate Agreement will describe the duties and restrictions agreed upon by all residents, including rules that relate to:

• Smoking and alcohol consumption on the premises
• Parties or other gatherings
• Overnight guests
• Specific quiet hours

LawDepot's Roommate Agreement form also allows you to specify:

• How chores will be divided
• Whether pets will be permitted
• How parking space(s) will be handled
• What is considered personal property
• What parts of the unit are considered shared space
• How disagreements will be resolved

Everyone who signed a Lease Agreement for the rental property they are living in is accountable for the full payment of rent. This means if one roommate leaves, you (and any remaining roommates) are responsible for ensuring rent is paid in full (which can include paying the previous roommate’s share). If rent is not paid in full, you (and your other roommates) may face consequences like eviction for breaching the rental contract.

If you and your remaining roommates cannot afford to cover the previous roommate's rent, you can ask your landlord for their consent to sublease to a new roommate or to amend the lease to include a new tenant. Once you find 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.

Some aspects of a Roommate Agreement, such as the division of household duties, are unlikely to be enforced in court. However, when it comes to financial arrangements, it may be possible to take legal action against a roommate. For example, if a roommate fails to pay their share of the rent or refuses to cover costs related to 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.

As well, it is important to consider the expenses associated with going to court (such as paying filing fees or for a legal representative) when determining whether you should take action against a roommate. That said, creating a roommate contract often helps roommates avoid court disputes by clearly outlining what is expected of everyone in the household.