Landlord / Tenant Overview and Roommate Agreements

Along with your lease agreement, having an agreement between roommates is one way to avoid potential problems. These agreements may casually be called "house rules" but are often ignored. Having a roommate agreement in writing is a good way to prove a roommate has crossed a line and resolve any conflicts.

What to Include In a Roommate Agreement

The issues you include in a roommate agreement can range from major to minor.

Minor issues in a rental unit may include:

• Who cleans each room
• Who washes dishes
• Who takes out the garbage
• Whether you share food costs
• Rules for overnight guests
• If guests can bring pets over
• Use of shared living spaces, such as the basement or kitchen

Major issues in a rental unit may include:

• Rent due dates
• How to split rent
• How to divide rent and utility bills
• Noise levels, quiet hours, or large parties
• Pets (when they are not allowed on the property)
• Someone's partner moving in but not paying rent
• Underage drinking or illegal drug use
• Lawn care or snow removal
• How garage or parking spaces are shared
• The process for withdrawing from the lease
• What actions could lead to roommate eviction

These issues are considered major because they can have legal consequences. When you sign a lease with others, you may become liable for each other's obligations to the landlord. If your co-tenant does something that violates the rental agreement, it negatively affects you. This is called joint and several liability and most rental agreements have language reflecting this responsibility. It means if one or more of your roommates fails to live up to the rental agreement, all of you are responsible.

For example, let's say one roommate fails to pay rent. Under these laws, the other roommates must pay the missing money, or the law can get involved.

From a landlord's perspective, this liability is understandable. They don't want to be bothered with the internal roommate problems, they just want the rental agreement to be followed.

No tenant wants to be held liable for the negative actions of another. A roommate agreement that explains what each person is responsible for is an easy way to help resolve disputes before they grow into problems.

In some situations, leases are offered to each roommate individually. Many rental units near college campuses provide for individual rental agreements for each tenant, so a tenant is renting a room and use of common areas. This way, it is much easier for the landlord to evict one tenant in a 5 bedroom unit than to evict the entire apartment.

Avoid Common Rent Payment Conflicts

Nonpayment of rent is the most common way that people violate rental agreements. It is also a big issue between roommates.

Standard rental agreements generally don't list how rent is to be split between co-tenants. Unless your rental agreement says how the payment is split, roommates are jointly liable for the total rent. So if your roommate fails to pay rent, you're still responsible for paying the full amount. If you fail to do so, your landlord has the right to evict everyone. Your recourse would be to sue your ex-roommate to recover additional costs caused by the roommate's breach.

To avoid this liability, it never hurts to ask your landlord whether they'll accept separate rent checks. By separating rent checks, the landlord would know who is late or can't pay rent and potentially just evict that one tenant rather than all of you. As a practical matter, landlords who know which tenant is late on rent will typically not punish the non-guilty parties. But from a legal view, it is the landlord's decision.

Other Violations of the Rental Agreement

Many violations can lead to negative consequences for all tenants. These usually include noise violations, proper upkeep of the premises, and subletting the premises (if prohibited by the lease).

Writing a Roommate Agreement

Considering the common problems outlined above, it's a good idea to cut off potential problems before they balloon into more significant disputes. The best way to do this is to:

• Reach an agreement about the issues you find most important while everyone is calm and new to the lease
• Put it in writing
• Have everyone agree and sign the document

The court will generally enforce written agreements between roommates involving money such as rent, utilities, and security deposits. Written documents also tend to be taken more seriously by the parties who sign them. So if you want your agreement respected, get your roommate agreement in writing.

Writing Your Own Agreement

Roommate agreements often contain a mediation clause, which requires roommates to seek some form of third-party mediation before taking any action. It's a good idea to include such a clause. At the end of the day, the roommate's action affects you, and vice versa. An agreement to mediate gives you more control over the dispute.

Sample Roommate Agreement Document

The following is a sample agreement that exemplifies the basic contents of a roommate agreement. If you use this or a similar agreement, be sure to fill in the specifics of your situation and modify terms as appropriate.

Have Questions About Landlord/Tenant Law or Roommate Agreements? Ask a Lawyer

The best way for tenants and landlords to protect their interests is to have a basic understanding of applicable laws and to get their agreements in writing. Contact a local landlord-tenant attorney near you for help drafting or reviewing a rental or roommate agreement.