Roommate Agreement

What is a roommate agreement?

A roommate agreement is a document used when two or more people are moving into a shared space and would like to outline the rights and responsibilities of each person. While a lease agreement covers the rights and responsibilities of the tenants in relation to the landlord, it often does not cover the relationships between the roommates themselves. For that reason, a roommate agreement is a great idea whenever people decide to live together. By creating a roommate agreement from the beginning of cohabitating, the parties will less likely to have disputes down the line. This agreement helps make everything clear from the start.

What is the difference between a roommate agreement and a lease agreement?

Though both documents cover renting relationships, they are used between different parties. A roommate agreement is used to outline the relationship between people occupying a shared space. A lease agreement is used to outline the relationship between tenants and their landlord.

Is it mandatory to have a roommate agreement?

No, it is not mandatory to have a roommate agreement. People renting a space only need a lease agreement between themselves and the landlord. However, roommate agreements are a good idea because they can clarify expectations from the get-go. That way, everyone will be on the same page about the norms of sharing their space with each other.

What is a "security deposit"?

A security deposit is a payment made to the landlord at the beginning of renting a property. This payment is made to cover any damage to the rental property during the term of the lease. When multiple roommates live in a property, they often split up the security deposit and each pay a portion of it.

What must a roommate agreement include?

A valid roommate agreement must contain at least the following mandatory clauses:

• Contact information: The roommate agreement should include the name and contact information of all the roommates who will be living together.
• Premises address: The roommate agreement specifies the address of the premises that is being rented.
• Important dates: The roommate agreement includes all relevant dates, such as the dates the lease begins and is due to end.
• Security deposit details: The roommate agreement specifies the amount of the security deposit, as well as how much each of the deposit each of the roommates will be responsible for paying.
• Rent payments: The roommate agreement describes the amount of rent that will be paid by each roommate and when/how these payments will occur.
• Utilities: The roommate agreement outlines all the utilities that will be paid and which roommate will be responsible for handling which utility.

In addition to the above mandatory information, the following information may also be included:

• Quiet time: If the roommates choose, they can elect to have a quiet time period. These would be specific hours when the roommates all agree to refrain from playing loud music or making other loud noises.
  
  

What is not allowed in a roommate agreement?

The roommate agreement should not include clauses that violate provisions of the lease they signed with the landlord. For example, if the lease specifies that no pets are allowed, the roommate agreement cannot include a clause about owning pets.

What should be done once the roommate agreement is finished?

When the roommate agreement is written and all the relevant information has been included, each of the roommates should sign and date the document. The roommates should each keep a copy of the agreement for reference and in case of future dispute.

Which laws are applicable to roommate agreements?

There are no laws outlining what must be put into a roommate agreement, but a best practice is to include as much information as possible to ensure that everyone is on the same page. The parties may be subject to the laws of their state regarding the lease and general contract principles.

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