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Roommate Agreement

Security Deposit Details


Security Deposit Details



Frequently Asked Questions
Generally, roommates split the security deposit when they pay it at the start and get it back when they move out.

However, what if one roommate moves out before the lease is up? The landlord is not required to return the security deposit for the apartment until all tenants vacate.

One common solution is to have the new roommate pay the departing roommate their share of the security deposit. If the departing roommate caused some damage to the apartment, then the new roommate should deduct the cost of that damage from the amount paid.


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 March 28, 2024 and ends on March 28, 2024 (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 March 29, 2024.
  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 behaviour, 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 April 27, 2023

Roommate Agreement Information

Alternate Names

A Roommate Agreement is also called a:

  • House Rules Contract
  • Shared Living Agreement
  • Housemate Agreement

What is a Roommate Agreement?

A Roommate Agreement is a written contract that establishes the rights and responsibilities of people who share a living space. With a written agreement, the parties have a clear understanding of household rules and expectations, helping them avoid unspoken assumptions and potential disputes.

Looking for a Roommate Agreement in French?

Use our Convention de colocation.

What are the benefits of creating a Roommate Agreement?

A Roommate Agreement is beneficial for several reasons:

  • It establishes living arrangements and expectations
  • It makes clear house rules and restrictions
  • It supports roommates who wish to reinforce rules amicably
  • It lessens any anxieties or doubts about a living arrangement

It's best to communicate terms and conditions with your roommate at the beginning of your relationship to avoid potential arguments down the road, and reviewing a Roommate Agreement together encourages a constructive dialogue early on. Once you've discussed the agreement, all parties should understand house rules regarding things like quiet hours, guests, rent, utilities, chores, and more.

A Roommate Agreement also helps roommates reinforce house rules. For instance, if one roommate stops performing a certain chore, the other roommate might politely point to the agreement to remind them of their agreed-upon responsibilities.

It's easier to reinforce rules, avoid conflict, and maintain a healthy relationship with your roommate when you discuss things in advance. Many couples find a Roommate Agreement helpful when they first move in with their girlfriend or boyfriend. Such agreements help to lessen anxieties or doubts about a new living arrangement.

Is a Roommate Agreement legally enforceable?

Some terms in your Roommate Agreement may be legally enforceable. For example, you might be able to take legal action against a roommate who has failed to pay their share of the rent. With a written agreement as evidence, you can show that your roommate previously agreed to certain financial obligations.

However, creating a Roommate Agreement often helps roommates avoid legal battles by clearly outlining terms in the first place.

How do you draft a Roommate Agreement?

To draft a comprehensive Roommate Agreement, you should include information about:

  • Any existing Lease Agreements
  • Financial obligations
  • House rules
  • Termination (i.e., eviction)

LawDepot's Roommate Agreement walks you through a set of questions so that you can easily customize these terms and others to suit your situation.

If you and your roommate are tenants under a lease, it helps to verify each party's lease obligations in your Roommate Agreement. This verification may be even more important if only one roommate has signed the lease agreement. By including lease information, both roommates become aware of the tenant obligations that they both must uphold and respect.

It's also helpful to lay the groundwork for financial obligations (such as security deposits, utilities, and rent), house rules, and termination. Problems often arise when one roommate does not meet expectations. Laying out these terms not only clarifies each roommate's obligations, but also allows for one roommate to terminate the other's tenancy if they fail to meet those expectations.

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

Although a Lease Agreement and a Roommate Agreement both specify the terms and conditions of a living arrangement, a Lease Agreement only documents the relationship between a landlord and tenant—not the relationship between two tenants.

In contrast, a Roommate Agreement might highlight the key terms from a Lease Agreement as well as its own terms. This contract is between the people who share a home; unless the landlord also lives in the home, the landlord is generally not a party to a Roommate Agreement, though it may include their contact information.

In sum, a Lease Agreement helps landlords and tenants manage a rental property while a Roommate Agreement helps people manage daily living in a shared space.

What are my rights as a roommate?

If roommates wish to retain the same rights that tenants have under residential tenancy legislation, they both must sign a Lease Agreement with their landlord. Without signing the agreement, a roommate may not have the same rights and protections granted to tenants.

For example, if you're the only one to sign a Lease Agreement and your roommate fails to pay their share of the rent, your landlord will hold you responsible for the full payment—not your roommate. However, if both you and your roommate sign the lease, you will be equally accountable for upholding its terms.

A Roommate Agreement helps protect roommates in general by ensuring there is documentation of the contract between them. If one roommate fails to uphold their end of the agreement (such as paying rent), the other roommate might be able to take legal action for a breach of contract; in this case, a Roommate Agreement would be crucial evidence in court.

Related Documents:

  • Residential Lease Agreement: outlines the terms of a residential tenancy between a landlord and tenant
  • Tenant Notices: tenants use these forms to give notice to their landlord regarding intent to vacate, needed repairs, or an immediate termination of the lease
  • Lease Assignment: transfers a tenant's entire interest that they have in a property to a third party
  • Residential Sublease Agreement: transfers a tenant's property rights to a third party, known as a subtenant, for the remainder of the residential lease term
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