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Roommate Agreement Template

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A roommate agreement is a legal contract used for renting out a room in a shared rental property. The form is also used for setting the rules and living conditions that all roommates agree to follow. The roommates will often split the rent, expenses, and any supplies (e.g. cleaning supplies, toilet paper, laundry detergent, etc.).

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Contents


What is a Roommate Agreement?

A roommate agreement allows roommates to create a contract amongst themselves to outline terms and conditions for sharing a property. In most cases, each roommate will have a private bedroom (and sometimes their own bathroom) and will share all other parts of the residence.

In 2017, 31.9% of adults lived in a shared living situation.

Shared Areas

  • Kitchen
  • Bathroom
  • Living room
  • Patio/Balcony
  • Parking
  • Outdoor Space
  • Storage Area
  • Any other common spaces

Unshared Areas

  • Bedroom
  • Any areas that are accessible only through the bedroom.

How to Find a Roommate

Finding a good roommate is never easy. That’s why in any roommate situation, it’s essential to vet the other person to make sure they are a good fit.

  1. Use the Web
  2. Meet with Roommates
  3. Screen a Roommate
  4. Decide if the Roommate is Qualified
  5. Sign the Roommate Agreement
  6. Moving in

Step 1 – Use the Web

Roommate situations are common with younger people; 25% of people between the ages of 18 to 24 are living in a shared living situation. Therefore, the best way to reach this group is online.

Top 5 Websites for Roommates

  1. Craigslist.org – Classifieds for people seeking roommates.
  2. Facebook – Reach out to friends and colleagues to live with someone.
  3. Roomster.com – General directory of roommates and classifieds.
  4. Roommates.com – Verifies identities of roommates.
  5. Airbnb – Use for short-term roommate situations.

Step 2 – Meet with Roommates

It’s best to meet with the roommate to understand each other’s living habits and needs. Once there is a mutual understanding, the screening of the roommate can begin. At this time, it’s best to get the roommate’s personal information and consent to conduct a background check with a rental application.

Step 3 – Screen a Roommate

Use any background check software to verify the individual’s credit and criminal history. This will generally cost between $15 to $45 and can be paid by the roommate when collecting their personal information.

Roommate Screening Services (top 5 websites)

Step 4 – Decide if the Roommate is Qualified

At this time, the roommates should all discuss with each other if the new roommate is right for the residence. If not, the roommate should be sent a rejection letter (known as an ‘adverse action’). If they are a suitable candidate, a roommate agreement can be signed.

Step 5 – Sign the Roommate Agreement

Write the agreement between the parties and ensure that each roommate signs the document. It’s also required that the landlord consent to any new roommate if the tenant does not have permission to sublease the property.

At the time of signing, the new roommate must pay the security deposit, 1st month’s rent, and any other initial fees.

Step 6 – Moving in

The roommate can choose when to move in, as long as the date/time fits with the other roommates’ schedules. The new roommate will be given access to all areas of the property, including the residence, their bedroom, and common areas.

How to Evict a Roommate

If you have legal grounds to kick out a roommate, it’s best to locate their signed agreement and follow the housing laws in the state.

Step 1 – Gather the Lease

If there is a lease with the roommate, then the housing laws may be applied. A roommate can be evicted for any of the following:

  • Nonpayment of rent or utilities.
  • Unwelcomed guests.
  • Unauthorized pets.
  • Property damage.
  • Illegal activity.
  • Staying after the lease expiration.
  • Any other lease violation.

If there is no lease or roommate agreement, the tenant is treated as a tenancy-at-will and must be given the state minimum notice period (usually 30 days). This can be done with the Month-to-Month Lease Termination Letter.

Step 2 – Contact the Landlord

Depending on local laws, the landlord might need to be contacted to sign an eviction notice. Before an eviction case can be filed against someone, they must be made aware of the violation. This can be done through an eviction notice (‘notice to quit’), which gives a specific time-period for notifying the tenant of their default.

Step 3 – Send the Eviction Notice

Only the landlord or any “master tenant” is legally allowed to give an eviction notice. For example, if the violation is nonpayment of rent, the tenant has anywhere from three (3) to fourteen (14) days to pay or vacate. If they do not concede to the instructions in the eviction notice, regardless of the type of violation, legal proceedings can begin at the local housing court.

Step 4 – Get a Judgment

At the court hearing, the judge will hear all evidence presented by both sides and will make their judgment. If the roommate is at fault, the judgment order will force them to move out immediately and, if they don’t, they will be forcibly removed by the sheriff’s office.

It is best to come to a mutually beneficial solution during any eviction proceeding before judgment is passed, as the whole court process can usually take anywhere from 30 to 90 days to complete.


Sample

ROOMMATE AGREEMENT

1. THE PARTIES. This Roommate Agreement (the “Agreement”) made on [MM/DD/YYYY] is between:

Roommate Name: [ROOMMATE (1) NAME]
Roommate Name: [ROOMMATE (2) NAME]
Roommate Name: [ROOMMATE (3) NAME]
Roommate Name: [ROOMMATE (4) NAME]

Each a “Roommate” and collectively referred to as the “Roommates”.

The Roommates are tenants/occupants at the property located at [PROPERTY ADDRESS] (the “Premises”).

The Premises are subject to a rental agreement signed by one (1) or more Roommates with [LANDLORD NAME].

2. TERM. The Roommates shall occupy the space for a term beginning on [MM/DD/YYYY] and ending on [MM/DD/YYYY] (the “Lease Term”).

3. RENT. The total monthly rent is $[AMOUNT] (the “Rent”).
Each Roommate will pay their share of the Rent in the following amounts:

[ROOMMATE (1) NAME] will pay $[AMOUNT] towards the total Rent.
[ROOMMATE (2) NAME] will pay $[AMOUNT] towards the total Rent.
[ROOMMATE (3) NAME] will pay $[AMOUNT] towards the total Rent.
[ROOMMATE (4) NAME] will pay $[AMOUNT] towards the total Rent.

4. UTILITIES. Any utilities not included with the Rent shall be shared equally among the Roommates. The Roommates are responsible for splitting the costs for the following utilities: (check all that apply)

– Electricity
– Gas / Heat
– Water
– Trash
– Cable / Internet
– Telephone
– Other: [OTHER UTILITIES (IF ANY)].

5. CLEANING. The Roommates agree to keep their bedroom and bathroom (if any) clean and sanitary. The Roommates agree to share the responsibilities of cleaning and maintaining the common grounds of the Premises, which may include dusting, vacuuming, emptying trash, mopping/sweeping floors, cleaning bathrooms, and other duties. The Roommates will divide cleaning responsibilities as follows:

[ROOMMATE (1) NAME] (Roommate Name) will be responsible for the following:
[ROOMMATE (1) CLEANING RESPONSIBILITIES].

[ROOMMATE (2) NAME] (Roommate Name) will be responsible for the following:
[ROOMMATE (2) CLEANING RESPONSIBILITIES].

[ROOMMATE (3) NAME] (Roommate Name) will be responsible for the following:
[ROOMMATE (3) CLEANING RESPONSIBILITIES].

[ROOMMATE (4) NAME] (Roommate Name) will be responsible for the following:
[ROOMMATE (4) CLEANING RESPONSIBILITIES].

6. OVERNIGHT GUESTS. (check one)

Overnight guests are allowed within reason. Guests may not stay more than [#] nights per month.
Overnight guests are not allowed at any point, for any reason, unless agreed upon by all Roommates.
There are NO restrictions regarding guests.

7. QUIET HOURS. Each Roommate agrees to keep their noise to a minimum to allow the Roommates to sleep, study, work, or for other reasonable purposes. The quiet hours will go into effect on: (check all that apply)

Weekdays, from [HH:MM] to [HH:MM].
Weekends, from [HH:MM] to [HH:MM].
Will NOT establish any mandatory quiet hours.

8. FIREARMS. Firearms are: (check one)

Permitted on the Premises.
NOT Permitted on the Premises.

9. PETS. Pets are: (check one)

Permitted on the Premises. The pet owner will be responsible for all care and maintenance of the pet, including cleaning up after the pet and repairing any damage caused by the Pet to the Premises or any of the Roommates’ property.
NOT Permitted on the Premises.

10. SMOKING. Smoking is: (check one)

Permitted ONLY in the following area(s): [PERMITTED SMOKING AREA(S)].
Prohibited on the Premises and all common areas.

11. DAMAGES. Each Roommate is responsible for any damage to the Premises they (or their guests) cause. If there is damage that cannot be reasonably traced back to a particular person, all Roommates will share the damage’s cost equally.

12. GOVERNING LAW. This Agreement is governed by the laws of the State of [STATE NAME].

13. WRITTEN AGREEMENT. Any of the provisions included in this Agreement may be changed by written mutual consent. This Agreement will be attached to all roommate’s copies of the lease contract. Provisions may be omitted by marking out and initialing by the Roommates. This Agreement is only binding to those who sign it.

14. ADDITIONAL PROVISIONS.

[ADD ANY ADDITIONAL PROVISIONS HERE (OPTIONAL)].

15. SIGNATURES. IN WITNESS WHEREOF, the Roommates have entered into this Agreement to be executed on the day and year first written above.

Roommate Signature: ____________________ Date: [MM/DD/YYYY]
Printed Name: [ROOMMATE (1) NAME]

Roommate Signature: ____________________ Date: [MM/DD/YYYY]
Printed Name: [ROOMMATE (2) NAME]

Roommate Signature: ____________________ Date: [MM/DD/YYYY]
Printed Name: [ROOMMATE (3) NAME]

Roommate Signature: ____________________ Date: [MM/DD/YYYY]
Printed Name: [ROOMMATE (4) NAME]