Our roommate agreement offers a comprehensive checklist for roommates and contains everything you need to allocate financial responsibility, establish house rules and restrictions, and clearly define living areas. This help guide provides an overview of some of the key provisions of the agreement.
This section of your agreement sets out the individual rent payments for each roommate, the method of payment, and how often rental payments are due. A monthly payment structure is most common. However, you may also choose for rent to be paid weekly, twice per month, annually, or any other frequency.
In most cases, rent is evenly split among roommates. However, in some cases, allocation of rent may be dependent on room size. Our form allows you to evenly split rent or gives you the option of specifying different rent payments for all roommates.
It is important to note that some states impose a limit on the amount of rent that can be charged. In addition, some cities and counties may have similar limits, such as cities in California, District of Columbia, Maryland, and New Jersey. Some ordinances even go so far as to set a limit to the increase of the rent's cost. However, if a rent control ordinance does not apply, the parties can agree on an amount according to their preference.
The security deposit is usually used as proof of intent to move in and care for the residence. The Property Owner may use the security deposit to repair any damage caused beyond normal wear and tear to the residence, the common areas, and any furnishings provided by the Property Owner. Normal wear and tear means deterioration that occurs when the residence, or any furnishings provided, are used as intended, without negligence or abuse by a roommate or any of the roommates, guests, or subtenants.
The agreement spells out how the security deposit is split among roommates, what happens if one of the roommates causes damage, and what happens in the event that the entire security deposit is not returned. In the absence of a security deposit, roommates are still required to pay for any damage they cause to the property.
Like rent, a security deposit is typically split evenly among roommates. Nevertheless, our form gives you the option to allocate security deposit payments equally or specify different payments for all roommates.
Creating a roommate agreement presupposes that there is an existing lease agreement or a sublease agreement among all roommates.
A lease agreement is a legal contract between a property owner and one or more tenants and is used to establish terms related to renting residential property. A roommate agreement is a contract made between tenants who share a home together and it is used to manage their day-to-day obligations. Thus, roommates are also required to enter a lease agreement to cover their rights and responsibilities in relation to the landlord. The residential lease agreement is an important part of your roommate agreement and should be made available to all roommates. If you do not have one, it is important to create a residential lease agreement to establish the legal relationship between all roommates. If you already have an existing lease with the property owner which all roommates are not party to, you may consider creating a sublease agreement instead.
The agreement spells out how household expenses and utilities are split among roommates, including who is responsible for actually making these payments.
This section of the agreement gives you the option to establish duties and restrictions for all roommates, including rules that relate to: drug and alcohol consumption, parties or other gatherings, overnight guests, specific quiet hours, whether pets will be permitted, how parking spaces will be handled, what parts of the unit are considered shared space, and how disagreements will be resolved.
The agreement also spells out whether early termination is permitted by any roommate, and the procedure to follow in cases of early termination, including refund of the security deposit.
Once finished completing the agreement, simply have all roommates sign and date where indicated. Be sure that all parties get a copy of the agreement to retain for their records.
Ready To Get Started? Create a Roommate Agreement
As you complete your roommate agreement, you will need to provide certain relevant information. This will include items such as the property address, roommate names, occupancy start and end dates, allocation of rent and security deposit amounts, and any applicable house rules and restrictions.
Use the information you collected to complete the agreement. We make this easy by guiding you each step of the way and helping you to customize your document to match your specific needs. The questions and information we present to you dynamically change depending on your answers and the state selected. Click below to get started.
It is always important to read your document thoroughly to ensure it matches your needs and is free of errors and omissions. After completing the questionnaire, you can make textual changes to your document by downloading it in Microsoft Word. If no changes are needed, you can simply download the PDF version and sign. These downloads are available by navigating to the Documents section of your account dashboard.
At a minimum, all roommates that sign the document should receive a copy once it is fully executed (everyone has signed). Other interested parties may need or want copies as well. Be sure to store your copy in a safe location. It is a good idea to keep both a physical and electronic copy.
It is easy to forget the ins and outs of your roommate agreement. Periodically reviewing it will help you to stay familiar with any responsibilities or requirements so that you can determine when it needs changes or additions.
If the roommates wish to renew the agreement for an additional term, then you will need to update the agreement with the new dates as well as any other agreed upon changes prior to the expiration of the current term. When using LegalNature, your answers are always saved in your account to make this process fast and easy.
As noted above, the residential lease agreement is an important part of this agreement and should be made available to all roommates. If you do not have one, it is important to create a residential lease agreement to establish the legal relationship between all roommates. If you already have an existing lease with the property owner which all roommates are not party to, you may consider creating a sublease agreement.