Roommate Lease Agreement

What Is a Roommate Rental Agreement?

A roommate rental agreement is a contract between two individuals who plan to rent out the residential premises together. A roommate rental agreement is also known as a roomshare agreement. The main purpose of which is to set up rules of co-living, as well as mutual obligations of each roommate.

This document is for sharing an apartment, studio, house, or other residential premises together.

Why Do I Need a Roomshare Agreement?

You may need a roommate lease template in various situations:

• Setting up Common House Rules: Liam and Ethan are the best friends. They plan to move to another state together for work. To split the costs, they decide to rent a two-bedroom apartment together. A few months later, Ethan loses his job and can’t pay his part of a rent payment. On top of that, he invites his friends all the time, which creates a constant noise. Liam suggests preparing a sample roommate agreement to define the rules of co-living.
• Finding a College Accommodation: Peter has recently received a college enrollment letter. He did not apply for a student’s accommodation on time. Now, there are no free spaces in a student’s residency. Peter offers John, his new classmate, to find an apartment somewhere in the city. They start discussing together future terms of the roommate rental agreement contract.
• Relocating for Work: Jessica has got an internship in a high-profile law firm in a big city. If she passes the training well, she might get a job offer. Jessica’s salary is low and can’t afford to rent the whole apartment. She is seeking roommates to sign a roommate rental agreement to share accommodation costs.
• Reducing Accommodation Costs: Sarah has moved to New York. The renting prices are high, so she decided to look for someone with whom she can split up lease payments. At the same time Sarah values her privacy and comfort. She plans to sign a simple roommate lease form to set up some basic rules about cleaning and quiet time.
• Finding a New Roommate: John split up with his girlfriend last month, and she moved out. He can’t afford to rent out the whole place on his own. Moving out is also not an option, as his current place of living is close to his job. John values his privacy the most. He may need to have a basic roommate rental agreement to define the rules about the usage of common areas, as well as quiet time.

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

At first look, both documents may have very similar naming. Though they serve absolutely different purposes.

A roommate lease agreement is a legal document used to define the rules and obligations of individuals who plan to live together. Usually, roommate agreements are signed before parties move in together. A roommate rental agreement is an internal document, which does not involve a landlord.

A roommate release agreement releases an ex-tenant from any liabilities, including rent payments. It is a good practice to sign such a type of agreement to confirm an ex-roommate does not have any pending debts. To become a legally binding document, a landlord has to sign a roommate release agreement.

What Should Be Included in the Basic Roommate Rental Agreement?

Every roommate contract template has to contain the following essential elements.

Parties’ Details and Signatures

People who plan to live together in the same apartment or house, have to be listed as roommates in the text of a roommate agreement. Roommate Agreement can become legally binding only upon being signed by all roommates.

At the same time, a signed roommate lease agreement is not binding for a landlord. Mutual rights and obligations of tenants and landlords are defined in a residential rental agreement. We will discuss this difference below.

House Rules

Even if you plan to rent out together with your close friend, having an agreed set of basic rules of cohabitation is a must. Lack of clarity may cause conflict along the road and even lead to major conflicts. Having clear house rules helps to define

• Cleaning schedule: TJ and Reese rent out a two-bedroom apartment. Friends have different daily habits and schedules of the day. Reese loves to clean on Sunday morning, while TJ prefers to sleep longer on the weekends. To avoid any conflicts, they decide to create a simple roommate agreement template defining a cleaning schedule. As per the new schedule, now Reese cleans only when TJ is away for work.
• Usage of Common Areas: Roommates may set up exact timing for using the kitchen, bathrooms, living space, fridge, balcony, or terrace. Having clear rules in this regard helps to protect everyone’s privacy and guarantee some personal space. John and Peter are roommates. John adores singing for hours in a bathroom in the evening. As there is only one bathroom within the apartment, Peter is not happy about that. John and Peter may need a sample roommate agreement to limit the maximum time either of them can spend in common areas.
• Having Pets: Most residential rental agreements prohibit having pets. If, however, your landlord allows you to have a pet, having them might still be a problem for your roommates. Imagine if either of your roommates is allergic to any type of fur, including cats and dogs. It also makes sense to specify which exact types of pets are allowed. For instance, some roommates agree on a parrot, though they are scared of a snake or a spider.
• Quiet Hours: Everyone needs a time for a good sleep and rest. Even if roommates have different working schedules and habits, there is always a way to find a compromise. A typical roomshare agreement template may define:
  • If roommates can invite their friends;
  • How many times per month friends and third parties may come to your place;
  • If your friends can stay over a night or not;
  • If roommates can host parties;
  • When does a quiet time start, and when does it end?
• Privacy vs. Sharing Items with Others: Most of the conflicts between roommates arise because of the absence of rules on sharing items. John and Reese rent out a house together. John loves to cook and leave lots of tasty things in the fridge. Reese loves to eat and constantly picks up John’s food without asking. To avoid conflicts, friends decide to draft a roommate rental agreement template. In this template they agreed to split shelves in the fridge, as well as penalize each other for stealing food.

Regular Payments

The financial part of roommates’ relationships is vital. When either of the roommates breaks the lease agreement, it always creates tension and uncertainty.

As a rule of thumb, a rent payment should always be paid on time. Depending on an agreed arrangement with your landlord, rent payments could be made in either of the following ways:

• Jointly by all roommates (in other words, every roommate pays a part of a rent payment);
• By a selected roommate on behalf of others.

In the case of a joint payment, failure to pay a part of a rent payment on time by one roommate does not affect another roommate.

However, if one roommate handles all payments, this is where troubles may start. A landlord may apply late fees towards a selected roommate or even end the whole lease. To avoid this, a lease contract for roommates may define exact deadlines by which a payment should be made. A deadline for making a payment to a selected roommate should be at least 5 days earlier than the main deadline for a landlord.

Early Termination

Parties may define in their rental lease agreement roommate rules for early termination. Those rules might be different.

For instance, a contract may obligate giving an extra-long notice to move out to other roommates. This is usually done to make sure other roommates have plenty of time to find another suitable roommate. In underpopulated areas, for instance, it might be hard to find a roommate quickly. Thus, some roommate contract templates may oblige you to find a replacement by yourself before moving out.

There is one more important thing to keep in mind. Rules on early termination in a roommate agreement document should not change the same rules in the original lease agreement. For example, if a notice period in the original lease agreement is 40 days, then a roommate agreement should have the same notice period. Of course, roommates can define a longer notice period if they want to.

What Is the Difference Between a Roommate Agreement and a Lease Agreement?

Both documents regulate duties and obligations of individuals while renting out a property from a landlord. Despite common similarities, both documents have some distinctive features:

Landlords vs. Tenants vs. Roommates

A residential lease agreement is signed between a landlord and a tenant. Usually, a landlord is a property’s owner or a property management company acting on behalf of an owner. A rental lease agreement for roommates is a legal contract for roommates only. A landlord should not sign this document and is not bound by it.

A lease agreement and roommate agreement have different scopes of application. A lease agreement defines things like termination rules, the amount of rent payments, and security deposits. A roommate agreement template cannot change or cancel rules provided in a lease agreement. Instead, it sets up rules of co-living between tenants. Those rules may include sharing common spaces, regulating quiet hours, etc.

Security Deposit

Under the lease agreements, every tenant has to give a security deposit. A security deposit is aimed to protect a landlord against a tenant’s default (e.g., failure to pay rent, damages to a leased property, etc.).

Roommate agreements templates do not have any rules about a security deposit. This is because they are concluded between co-tenants or roommates. As neither of the roommates is a premise’s owner, they cannot request a deposit from each other.

Legally Binding or Not

One of the most popular questions is whether roommate agreements are legally binding or not. And the answer is both “yes” and “no,” and here is why.

A roommate agreement becomes legally binding once both parties sign the lease. If there is a dispute, a court may step in to help to recover financial damages. For instance, when either of the tenants moves out and does not pay rent, a court may stipulate such rent to be paid. If a roommate contract sample defines quiet hours, a court cannot enforce roommates to follow them.

The courts can enforce a lease agreement in full, including every minor provision.

How to Write a Rental Agreement for a Roommate?

Even a simple roommate agreement template should have some mandatory elements. They are parties’ signatures, house rules, and rules about quiet time and privacy.

At the same time, there are some important considerations roommates should discuss well in advance.

Landlord’s Consent

In certain cases, you may need to get a landlord’s consent for new roommates to move in. This is the case, when the main lease agreement is signed between the main tenant and a landlord. The main tenant plans to change a roommate; consent might be required.

Thus, it is crucial to define the way such consent should be provided. In most of the cases, it should be a written consent for the record.

Make Background Checks

Before jumping on drafting a roommate rental lease agreement, check your future roommate’s background. Where do they work? Where do they study? Do they have references from previous roommates? Do they have a stable financial income? What are the hobbies?

All this may help you to understand better a person you plan to move in with.

Start Date and Duration

Every roommate agreement contract sample should have a duration clause. By default, the duration of a roommate agreement cannot be longer than the duration of the main lease agreement. Usually, a roommate agreement contains an automatic expiration clause once the main lease expires.

A roommate lease agreement should also have a start date. This type of contract becomes effective only on the date of its signature. If the main lease has started earlier, it does not affect the start rate for a roommate agreement.

Does a Roommate Agreement Need to Be Notarized?

As a general rule, a roommate rental agreement does not need to be notarized. The main rule is that it should be signed by all roommates, who are part of it.

If the parties wish, they can invite witnesses to witness them signing a roommate rental agreement. But this is optional and does not affect the general legal validity of a document.