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Roommate Agreement

Additional Clauses



Additional Clauses



Frequently Asked Questions
When should I include an additional clause?You should include an additional clause if there are any terms or issues unique to your situation that have not been addressed in the questionnaire.How should I write my clause?In order to reduce confusion, write your clauses with plain language and limit them to one paragraph in length. Also, use any predefined terms such as Tenant, Property, Landlord, etc. in your clauses.


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 11th day of December, 2019 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 December 11, 2019 and ends on December 11, 2019 (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 will be the same as the Residential Lease Agreement.
  7. RENT
  8. The Roommates will pay rent as described in the Residential Lease Agreement (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 security deposit will be paid as described in the Residential Lease Agreement.
  12. UTILITIES
  13. The Roommates agree that they share a duty to pay for the utilities that are not included in the Rent.
  14. 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.
  15. 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.
  16. HOUSE RULES
  17. 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.
  18. TERMINATION OF TENANCY
  19. The occupation or tenancy of a Roommate can be ended as described in the Residential Lease Agreement.
  20. A Roommate ending his or her occupation or tenancy will provide notice within the time frame described in the Residential Lease Agreement.
  21. The vacating Roommate will provide a forwarding address as described in the Residential Lease Agreement.

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

Roommate Agreement Information

Alternate Names:

A Roommate Agreement is also known as a:

  • Roommate Contract
  • Housemate Agreement
  • Roommate Living Agreement
  • Contract Between Roommates

What is a Roommate Agreement?

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.

Do I need a Roommate Agreement?

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.

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

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.

What is included in a Roommate Agreement?

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

Can you include household rules and duties in a Roommate Agreement?

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

What happens if a roommate moves out?

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.

Is a Roommate Agreement legally binding?

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.

Related Documents:

Frequently Asked Questions:

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