Living in an expensive city can be challenging, especially when paying bills like rent. Therefore, finding a roommate with whom you will share the rent and other responsibilities is necessary. However, even with a friend as a roommate, misunderstandings and conflicts might arise from time to time. That is why having and signing a roommate lease agreement is crucial. The roommate agreement will highlight the rules and regulations to be followed and the responsibilities of each roommate.
A roommate agreement is a contract between individuals who have decided to live as roommates. Note that the roommate agreement does not involve the landlord in any way. Therefore, this roommate agreement does not affect the tenants’ lease agreement with the landlord. Additionally, a roommate agreement shows that the individuals living in the leased unit are responsible for any damages that may be caused on the property.
In this article, you will learn more about the roommate lease agreement, how it is created, and its importance.
Roommate Lease Agreement Templates
Creating a perfect roommate lease agreement can be challenging and hectic. This is because roommate contracts must be designed to meet and satisfy the demands of each roommate.
Therefore, it is important to pay attention when crafting a roommate agreement. Our roommate lease agreement template is the easiest and most effective way to design a roommate agreement. You can access and download these templates for free on our website.
What is a Roommate Lease Agreement?
A roommate lease agreement is a document that details the responsibilities of individuals sharing a residence. In most cases, a roommate agreement demands that each roommate takes part in paying the bills like rent and any other extra service charges that may be needed. In addition, the roommate agreement highlights the terms and conditions necessary for two people living together.
Alternative names
The roommate agreement can also be referred to as a:
- Roommate living agreement
- Contract between roommates
- Housemate agreement
- Roommate contract
Why is a roommate lease agreement needed?
A roommate agreement is necessary because misunderstandings and conflicts are bound to happen, especially when sharing a unit or an apartment. Therefore, creating a contract for the living arrangement you have chosen with your roommate is essential.
The roommate agreement will outline the rules and regulations that each roommate has to follow, together with the responsibilities of each roommate. Moreover, the roommate contract will help the roommates to have possible solutions to any misunderstanding that may occur; for example, who handles house chores and when they are responsible for doing them.
Roommate Agreement Vs. Lease Agreement
A roommate agreement is a contract between individuals sharing a house or an apartment. The agreement is mainly to ensure that the roommates share all the responsibilities of living together, like paying bills. Additionally, the roommate agreement outlines day-to-day responsibilities that each roommate must accomplish to make the living space conducive and comfortable for each roommate. Notably, the landlord is not involved in the roommate agreement at all.
On the other hand, a lease agreement is a contract between the landlord and the tenant(s) renting a property. The agreement highlights the rules and regulations for tenants living on the property. Moreover, the lease agreements outline the responsibilities of the landlord and the tenants.
7 Steps to Find a Good Roommate
Finding someone who fully meets and satisfies all your requirements is essential when looking for a roommate. Below are practical and efficient ways you can use to find a good roommate:
Post an advertisement via social media
In this era, social media has proven to be an effective platform for individuals to advertise or purchase anything. This is why creating a social media post is important when looking for a new roommate. You can post on Facebook, Instagram, or Twitter because they have the most users. Additionally, it is vital to consider applicants from your friendship network or applicants recommended by someone you know.
Meet with the potential roommate
After shortlisting your applicants, you can request to meet them individually to get to know them personally. It is necessary to schedule a meeting in your house or apartment so that the applicant can familiarize themselves with their potential new home.
Run background check on the roommate
Running a background check on the potential roommate will help you obtain their history. With a proper background check, you will see if they have a criminal record, employment history, credit card history and if they have been evicted before.
Verify references
When looking for a new roommate, you can request that the applicants provide a list of references in their application. The references may include their previous or current employer, previous landlord, close friends, or family. You are then urged to contact these references to verify the applicant’s information.
Draft an agreement
If the applicant meets and satisfies all your requirements, you and the applicant can draft a roommate agreement. The agreement should include the demands of both parties and the rules and regulations that will govern your stay as roommates. However, the agreement should solely focus on the tenancy.
Sign the document
After designing a roommate agreement that meets the demands of both parties, the signatures of both individuals are required to make the agreement formal and legal. Afterward, the applicant can move in and occupy their part of the unit or apartment.
How to Write
Below are ways that you can use to create a roommate lease agreement form:
Section 1: Specify the parties and agreement date
The roommate agreement should highlight the individuals involved in creating the roommate contract. Therefore, apart from their signatures, the names of each roommate should be highlighted in the agreement form. Moreover, the landlord or manager’s name and signature should also appear in the agreement as the property’s owner or manager.
Additionally, the agreement form should have the exact date on which an agreement was reached, and the involved parties signed the form.
Section 2: Premises
While making the roommate agreement, including the address and physical location of the unit where the roommate will live. Document the building, house, unit number, street, city, state, and zip code. This will make it easier for the roommate to locate and find the building.
Section 3: Term
It is crucial to record the exact period in which the roommate agreement will be active. You should include the time the roommate will occupy the leased room. This is known as a fixed lease. Therefore, you should indicate the exact date the roommate occupied the room and the final date the occupancy is expected to end.
However, if you and your roommate had a month-to-month lease agreement with the landlord, then either the landlord or the roommate(s) have the power to end the month-to-month agreement as long as notice is provided in the required number of days.
Furthermore, a 30-day notice should be provided to the landlord if the tenants want to end the lease agreement. Also, a roommate should notify the other roommate if they wish to terminate the roommate agreement.
Section 4: Rent
The roommate should ensure that their rent is paid on time. Rent payment should be shared between the roommates according to the roommate agreement. Therefore, each roommate will be required to pay an equal amount of rent when it is due. However, the rent payment should be made depending on the payment schedule agreed between the roommates and the landlord. As a result, the roommates may be required to pay their rent weekly or monthly.
- Payment instructions: Once the amount paid by each roommate has been agreed upon, the landlord and the roommates will agree on the payment instructions to be followed when paying the rent. For example, the landlord may prefer that the rent be deposited via a wireless transaction or paid physically using cash or a verified check.
- Late fee: The landlord may penalize the roommates if they pay their rent late. The late fee should be imposed if one or both roommates fail to deposit their rent after a certain number of days. The late fee imposed by the landlord should be indicated in the roommate agreement. However, if the landlord does not charge for late rent payments, it should also be highlighted in the roommate agreement.
Section 5: Security deposit
In most cases, a security deposit demanded by landlords acts as a safety precaution against any damages that the tenants may cause to the property. However, if the landlord does not intend to charge for a security deposit, it should be indicated in the roommate agreement. If the landlord requires a security deposit from the roommates, the amount for the security deposit should be agreed upon by the parties involved.
Section 6: Proration period
There are two options for the proration period section, depending on when the roommates start living in the rental property. In case the roommate(s) starts their occupancy on the agreed upon start date, that is, the date when the lease agreement should start, there is no proration needed. However, if the roommate(s) decides to move into the premises before the official start date of the agreement, a proration period is required.
That means the rent owed to the landlord for this period must be determined and paid. The early move-in date and the amount paid must be recorded.
Section 7: Household rules
As roommates, you should develop rules and regulations that will help you live cohesively with minimal conflicts and misunderstandings, as discussed below:
- Splitting bills (utilities and groceries): The roommate agreement should highlight who pays for what and when. This will allow you to figure out all the bills and expenses you must pay at the month’s end. With this in mind, you can share and split expenses. Ensure that you include the amount to be paid, the individual to pay, and the exact date these expenses and bills are supposed to be paid.
- Moving out early: When separating or moving out, money is always the factor to be considered by the two roommates. Before moving out, there is a need to provide a notice to every roommate within the unit. Therefore, the roommate agreement should highlight when the notice should be handed in and when and where the security deposit should be returned.
- Pet policy: It is crucial to understand if the landlord permits pets within the premises. If they do, it is important to include pets in the roommate contract. This is because the roommate who owns a pet should be responsible for taking care of the pet, including feeding, nursing, cleaning after the pet, and paying for any charges the landlord may impose.
- Quiet hours: There are times when we all need some alone time. Therefore, it is vital to include quiet hours in the roommate agreement. This ensures that your roommate keeps the noise minimal and does not knock on your door when you are having a quiet moment.
- Overnight guests: Having unexpected guests over all the time can be frustrating. Therefore, in the roommate agreement, it is important to outline how often your roommate’s guests can visit or sleep over in a week. This will allow you to avoid unnecessary unit meetings and prevent visitors from sleeping too often or overstaying.
- Smoking: In the roommate agreement, smoking, alcohol drinking, and drug use should be discussed adequately to avoid unnecessary conflicts. First, the roommates should know if the landlord permits smoking, drinking, or drug use within the property. Additionally, the roommates should understand each other’s opinions regarding drug usage. Therefore, if one of the roommates smokes, there should be an agreement on when and where this activity should occur.
- Parking: Establishing a parking policy to avoid having space issues is crucial. This is necessary, especially in cases where the landlord has provided a parking space to use. Therefore, the agreement should entail the number of parking spaces provided, the location, and the costs that may arise based on these spaces.
- Schedule for cleaning and chores: You will need to set a schedule for cleaning and chores to ensure that both of you pick up after yourselves. It is also important to highlight the cleaning supplies and how they will share the cost. Ensure that your schedule accommodates both roommates and has a set meaning regarding what is considered a “clean” house. The shared spaces are the ones that will mostly appear on this schedule.
- Bathroom, kitchen, and rooms usage schedule: As roommates, you will need a schedule that determines when each of you can use the shared spaces or rooms in your rental property, such as the bathroom and the kitchen. Knowing each other’s routines will prevent misunderstandings as each roommate will be aware of the other person’s schedule.
- Food sharing: Regarding food sharing, you must determine how the two of you will split the food, groceries, and shopping responsibilities. The roommate agreement must determine if the two of you will split the costs or if everyone will worry about their food. Also, you will need to determine if you will have shared food storage like a fridge or if it will be done separately.
- Temperature expectations: As roommates, you must agree on the temperature expectations during summer and winter to prevent conflicts. Therefore, the exact temperatures that both of you agree on should be included in the agreement.
- Resolving conflicts: For issues that are not in the roommate agreement and might result in a conflict, you both need to agree on the most effective way to resolve such conflicts. For example, you can mention in the roommate agreement that you two will handle conflicts and communicate through a text or a roommate meeting.
Section 8: Governing laws
Concerning the governing law, it all depends on the State jurisdiction where the rental property is located. The laws in this area will be used to execute the agreement, influencing the management of the premises, the landlord, and the roommates. Ensure that you include the state’s name to show the jurisdiction of the lease, property, and involved parties.
Section 9: Additional terms and conditions
In case of any additional terms and conditions between the roommates and the landlord have not been mentioned elsewhere in the agreement, this is the section to include them. If the extra terms and conditions are mentioned in an attachment, ensure they are still included in this section.
Section 10: Authorization
For authorization, the agreement should be signed by the landlord and the roommates. This section requires the landlord and roommates’ names, signatures, and current signature date. Ensure that both parties sign the agreement and have their names printed.
Tip: Put it in writing. It is best to have a written roommate agreement in place as it will provide rules and expectations that both parties must adhere to while living in a shared household. In addition, a written agreement is about respect between roommates, living in a peaceful environment where both parties know the rules and responsibilities, and having a legal document to help resolve any issues. Keep in mind that it is natural for people to get into arguments. However, a written contract will ensure that both parties can easily find a resolution without prolonging the argument.
Evicting a Roommate
When evicting a roommate, it all depends on who you are and the legal grounds for evicting the roommate in question. Here is how to evict a roommate depending on who you are:
If you are the landowner
As the landlord, you are in the best position as you have the legal ground to evict a roommate since they are your tenant. You will need to send them a proper notice to leave that will highlight their violations and then start the required eviction proceedings. If this roommate fails to move out, you can file a complaint with your local court for further legal action.
If you and your roommate are listed on the lease
If you both are on the lease, a violation of the agreement will affect both of you since it will be a violation against the landlord. For such a case, the landlord is likely to either send a notice of quit to terminate the lease with both of you or send a notice of quit to terminate the lease with the one at fault while allowing you to stay and find another roommate. That means it is crucial to maintain a positive relationship with the landlord, as they might choose to consider the latter option.
If you are listed on the lease, and your roommate isn’t
If you are listed on the lease, and the roommate at fault is not, you will have to ask for the landlord’s help to evict them from the rental property. You will have to contact the landlord and request them to send a notice to your roommate and start the eviction proceedings.
If the roommate fails to leave, ask the landlord to seek further legal actions such as filing for an Unlawful Detainer or Forcible Entry and Detainer (FED). Once this is done, the landlord will request the local court to force the sheriff to remove the tenant from the property forcefully.
Frequently Asked Questions
Are roommate agreements legally binding?
Roommate agreements are considered legally binding. However, only certain sections of the agreement can be enforced in court. For instance, household chores cannot be enforced in court, while aspects like financial arrangements can be enforced in court. In case of a disagreement, such as if a roommate fails to pay rent, it is better to hold discussions with them before taking legal action.
Keep in mind that there are several court expenses you will have to pay. That means it is best for both parties to adhere to the terms and conditions of the contract to avoid expensive legal actions.
Should a roommate be added to the original lease?
If subleasing is allowed in the original lease, the roommate does not need to be added to the original lease. However, if subleasing is prohibited, the current roommate must seek the landlord’s consent to add the new roommate to the original lease.
What happens if a roommate breaks their agreement?
If a roommate breaks their agreement by moving out, you (and any other remaining roommates) remain liable for rent payment. That means you will need to pay that roommate’s share or face the consequences of not paying rent in full. If you cannot cover the extra cost, you can ask the landlord’s permission to sublease or amend the lease so that the landlord can include a new tenant.
How to ask a roommate for rent money?
When your rent is due, you can send your roommate a polite text or email to ask for rent money. However, avoiding asking a roommate for money in front of other roommates is essential. To avoid such embarrassing situations, you can set up an auto-pay that reminds your roommate(s) to provide their rent money.
What if a roommate abandons a lease agreement?
If a roommate abandons a lease agreement, the other roommate(s) can file small claims with the local court. The roommate will be held liable for the rent money mentioned in the contract. In addition, they will be liable for one month’s rent if there is no rent agreement.