Roommate Agreement Draft
How it works
A roommate agreement governs the relationship between tenants sharing a rental unit — covering expenses, chores, guests, and quiet hours. Unlike a lease with the landlord, a roommate agreement is a contract between co-tenants. The Roommate Agreement Draft generates a customizable template for co-living arrangements.
**Why roommate agreements matter** Roommate disputes are among the most common sources of small claims court filings. A written agreement prevents misunderstandings about: who pays which utilities, whose name they're in, what happens if one roommate leaves early, how shared groceries and household supplies are handled, overnight guests, cleaning schedules, and noise.
**Key provisions** Include: all roommates' full names; address; share of rent each person pays; utility payment responsibilities and split; due date for each person's contribution; process for replacing a departing roommate (does remaining roommate have approval rights?); notice required to leave; what happens to the security deposit if one person leaves; household rules (quiet hours, guests, smoking, pets).
**Subletting and lease responsibility** This agreement doesn't change rights and obligations under the master lease with the landlord. If all roommates are on the lease, each is jointly and severally liable for full rent — the landlord can collect 100% from any one tenant. The roommate agreement creates the internal obligation to split costs but doesn't limit landlord's rights.
**Dispute resolution** Include a dispute resolution clause: mediation before litigation, or small claims court for disputes under the threshold. Many minor roommate disputes are best resolved informally; a clear written agreement prevents many before they start.
This tool generates a template only. It is not a substitute for legal advice.
Frequently Asked Questions
- Yes, if it meets basic contract requirements: offer, acceptance, and consideration (each party gets something of value). A written, signed roommate agreement is enforceable in small claims court for disputes over rent splitting, deposits, and shared expenses. However, it does not change the primary lease — if one roommate fails to pay, the landlord can still pursue the tenant on the lease for the full amount.
- Shared expenses (utilities, internet, cleaning supplies), cleaning schedules and responsibilities, quiet hours, guest policies (overnight guests, frequency), kitchen rules (shared vs. personal food, dish policy), thermostat settings, parking assignments, move-out notice requirements between roommates, and process for replacing a roommate. The more specific the agreement, the fewer disputes arise.
- This depends on the primary lease and the roommate agreement. If all roommates are on the lease, each may be jointly liable for the full rent — the landlord can pursue any tenant for the full amount. The roommate agreement can specify how early departure is handled: minimum notice period, obligation to find a replacement, and how the security deposit is split on move-out. Without a written agreement, disputes often end in small claims court.
- Adding a roommate typically requires landlord approval and a lease amendment — adding the new tenant to the lease. Removing a roommate from the lease requires landlord consent and a new lease or amendment removing that person's liability. A roommate who leaves but remains on the lease is still legally liable for rent. Never rely on verbal agreements with the landlord for adding/removing tenants — get all changes in writing.