ROOMMATE AGREEMENT
(Revised 1 Aug 2008)
Why is a roommate agreement important?
A lease generally defines only the legal relationship between the tenants as a whole and their
landlord—not the relationship between the individual tenants. For example, your lease might require
only that a certain total amount of rent be paid—not how rent is to be divided between you and your
roommates.
Additionally, your lease (typically) will not govern your behavior towards each other. As
long as your behavior isn’t unlawful or a violation of the lease or the landlord’s rules, you can
basically do anything you want.
BUT: What if someone wants to have an overnight guest? What if that overnight guest turns
into a permanent guest, sharing utilities and space? What if your roommate decides to start
smoking? What if your roommate decides to engage in criminal activity in the apartment? What if
your roommate decides to stop bathing? What if your roommate leaves the apartment and never
returns, leaving you to pay all the rent and utilities?
A roommate agreement can assist you in forestalling many of these problems. It can also
help you decide what you should do if a disagreement occurs. Keep in mind that a roommate
agreement isn’t binding on your landlord. It only governs the relationship between roommates.
About the attached sample roommate agreement:
The attached sample agreement is meant to provide you with some guidance when you and
your roommates draft and sign an agreement. It probably contains more terms than your situation
actually requires and maybe not have everything you need. You should tailor the agreement to suit
your needs and add specific provisions to govern any situations that you want to be addressed. Read
the whole thing, first. Where alternative terms are provided, pick one and delete the others or at least
mark through those that don’t apply. All mark outs and changes should be initialed by all of the
roommates. Note that this sample doesn’t cover the situation where each roommate has an
individual lease. In such a case, be sure to modify the agreement appropriately.
As always, YOU SHOULD SEE A LICENSED ATTORNEY FOR ANY LEGAL ADVICE
OR QUESTIONS ABOUT LANDLORD-TENANT LAW and to ask questions about current laws
that might apply to your tenancy and your roommate agreement.
Curly brackets {} indicate optional or alternative terms. Select only one of the options and
remove (or mark out) the other option. Words in italics are instructions or comments and should be
removed (or marked out).
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