Roommate lease agreement

What is a roommate agreement?

A roommate agreement is a contract among the people sharing a rental. It splits the rent, the deposit, the bills, and the house rules, and it says what happens when someone moves out. It binds the roommates to each other. It does not change your master lease or your duties to the landlord. Those come from the lease, and the roommate agreement sits on top of them.

Key takeaways for roommates

·        It binds roommates, not the landlord: the agreement splits money and rules among you. It does not rewrite the lease.

·        Co-tenant or subtenant: if everyone signs the master lease, you are co-tenants. If a roommate rents from you, they are a subtenant.

·        Joint and several liability: most leases make each tenant liable for the full rent, so one missed share is everyone's problem.

·        Cap the deposit: a deposit you collect from a roommate cannot exceed what the master lease and your state allow.

·        Put money and move-out in writing: rent shares, the deposit, bills, and notice to leave are where roommates fight. Write them down.

What a roommate agreement includes

·        Parties and the home: every roommate, the address, and which rooms are private or shared.

·        Rent split: who pays how much, when, and how (one check to the landlord, or separate).

·        Deposit split: each roommate's share, and who holds it, within the master-lease cap.

·        Utilities and bills: how power, internet, and other costs are divided.

·        House rules: guests, quiet hours, chores, pets, and shared spaces.

·        Move-out and replacement: the notice a roommate must give, and how a replacement is approved.

·        Dispute handling: how disagreements get settled before they reach the landlord.

How to set up a roommate agreement

1.      Check your master lease and state. for the consent-to-sublet rule and the deposit cap.

2.      Decide co-tenant or subtenant. for the new roommate, because it changes who is liable.

3.      Split the rent, deposit, and bills. and write each person's share down.

4.      Set the house rules. guests, quiet hours, chores, and shared spaces.

5.      Agree on move-out notice. the warning a roommate must give before leaving.

6.      Everyone signs. attach it to the master lease and keep a copy.

Lead-based paint disclosure

If the home was built before 1978, the landlord must give every occupant the federal lead-based paint disclosure. If you are the main tenant bringing in a subtenant, pass that disclosure along. See the lead-based paint disclosure.

How to write a roommate agreement

Start from your master lease, because every term flows from it. Name each roommate, the home, and which rooms are private. Split the rent and the deposit, and keep the deposit within the standard lease cap your state sets. If a roommate will rent from you rather than sign the lease, that is a sublease. Most leases then need the landlord's written consent to sublet. Screen a new roommate first with a rental application. For other rental forms, see the Rental & Lease hub.