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Roommate Agreement FAQ United States
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. LawDepot provides a written roommate agreement.
Roommate agreements typically address the following:
Roommates can make lots of informal agreements about splitting rent, sharing chores, and paying bills. However, oral agreements are too easily forgotten or misinterpreted. It is better to put your understandings in writing.
The greatest value of writing a Roommate Agreement is that it forces you and your roommates to take your co-tenancy responsibilities seriously. The more you can anticipate potential problems, the better prepared you'll be to handle disputes that arise. Before you move in, it is a good idea to sit down with your roommates and create an agreement that is tailored to meet your needs.
A lease is a legal contract between a landlord and one or more tenants. The landlord can look to one or all of the tenants on the lease, for payment of rent. If there is more than one tenant on the lease then all of them are jointly and severally liable for rent and other charges stated in the lease. If one tenant moves out, the remaining tenant(s) are still obligated to honor the lease for the duration of its term.
In contrast, 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 in relation to how they share space, and how they divide rent and other expenses. The roommate agreement is not binding on the landlord.
Roommates may decide to split the rent equally or unequally, depending on their personal wishes. Landlords often insist on receiving one rent check for the entire rent as they usually don't want to be bothered with multiple check from co-tenants. It may be a good idea to designate one roommate as the person to whom other roommates pay rent each month and then he/she signs the full check for the landlord.
A security deposit is a sum of money the tenant pays to the landlord to guarantee that the tenant will fulfill all obligations under the lease. The landlord holds the security deposit for the term of the lease to ensure that the tenant does not default on the terms of the lease or otherwise damage the property. Should the tenant damage the property (normal "wear and tear" excluded) or if the tenant has not paid rent, the landlord is entitled to recoup the debt from the security deposit. Usually the tenant must provide the landlord with the security deposit at the start of the lease. At the end of the term, the tenant will receive the deposit back minus any deductions for repairs/restoration.
Generally, roommates split the security deposit when they pay it at the start, and get it back when they move out. But 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 his or her 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.
As with the rent payments, roommates need to agree between themselves how the utilities will be paid each month. Some important questions you and your roommates may want to consider include:
If smoking will not be allowed in the residence, consider acceptable smoking areas for residents or guests who do smoke (e.g. on the balcony, on the porch, in the backyard).
What if, when smoking outside, the smoke drifts inside and leaves a smell in the residence anyway? What if the smoking area becomes crowded and makes it difficult for people to enter or exit the residence? Consider potential difficulties in advance where possible.
Roommates may wish to consider the following:
Decide before you move in when the "quiet hours" will be - at what time will the TV and stereo have to be turned down (e.g. 10 p.m. weeknights; midnight on weekends)? Also, decide on a time for quiet hours to end in the morning (e.g. 8 a.m. weekdays; 10 a.m. weekends).
Your lease may specify whether pets are permitted on the property. If the lease is silent on pets, it is best to first seek your landlord's permission before getting a pet. Where pets are allowed, you should agree in writing to compensate the landlord for any damage caused including cleaning, insect/flea and/or removal on leaving.
Some parts of a roommate agreement are not likely to be legally enforceable - for example, a judge is unlikely to order your roommate to clean the bathroom. However, judges will enforce financial agreements such as how rent is to be shared. If one of the roommates did not pay his/her share of the rent on time, the other roommates could take legal action against that roommate and avoid a bad mark on their own credit record.
The departing tenant will not be relieved of his or her obligations under the lease (and could be named in an eviction lawsuit) unless the landlord specifically releases the departing tenant or allows that tenant to assign all of his or her rights and responsibilities under the lease to the new tenant.
Since you and your roommate signed the lease, you are all jointly and severally liable for the entire amount of rent payable. This means that if the departing roommate does not pay his/her share of the rent, the landlord can seek the rent shortfall from you and/or any of the remaining roommates. The landlord is not bound by the tenants' own agreement to pay only a certain portion of rent.
To protect yourself, you and the remaining roommates should consider taking the following steps:
As a final recourse, you and your roommates may have a legal right to sue your departing roommate for any money you pay to cover the rent he/she would have paid. If you had a written or oral agreement that all of you would stay in the apartment throughout the duration of the lease, then you can sue that roommate for breach of contract or agreement. If you clearly address this issue in your roommate agreement, it is all the better for your legal protection.
Before a new roommate moves in with you, you should obtain your landlord's approval. Your landlord will most likely want to ensure that the new roommate has a good credit and rental history and has good references. In addition, your landlord may also want to ensure that the new roommate does not exceed the occupancy limit of the rental unit.
Assuming the landlord approves of the new roommate, the landlord will then most likely want to revise the lease to include your new roommate as a tenant. In this way, the new roommate will also be held responsible for rent payments, damage to the premises and any other obligations under the lease. This also means that the new roommate will also be protected under the terms of the lease. You and your new roommate should also sign a new roommate agreement (along with any other roommates in the premises). The roommate agreement should be kept up-to-date so it is consistent with the details of the lease.
Be sure the names of everyone living in the rental unit appears on the agreement; in full and without nicknames so they are identifiable as the specific individual. This ensures that everyone is responsible for paying rent and meeting any other obligations set forth in the roommate agreement.
A Leasing agent represents a property owner in leasing the property, but may not necessarily also be involved in its management; a property management company also may or may not specifically be the landlord. It is best to name the specific individual as landlord where possible.
All adults living in an apartment should be named on the lease and should be co-responsible for payment of rent and maintenance of the unit. This means that each of you is responsible for making sure the entire rent is paid each month and that other obligations under the lease (maintenance, payment for damages, etc.) are everyone's concern. This also means that you are all protected under the terms of the lease.
Most documents and contracts do not require a witness for them to be legally valid. However, it is preferable that the document be witnessed. A witnessed document provides evidence that the parties were physically present when they signed the agreement and all signatures are original.
When you are living in a rented property it is the landlord's responsibility to take care of the building insurance. However, this does not cover your contents or possessions or damage caused by you or your visitors to the landlord's fixtures and fittings. You should consider getting protection from such events with a tenant's insurance package.
Renters' insurance can help you in many different situations. These may include:
Renters' insurance generally has a broad coverage, but earthquakes and damage caused by flood are usually not covered in most renters' insurance policies. Comprehensive coverage can include: