What is a Roommate Agreement, What Are the Benefits, and What Should You Include?

Roommate agreements refer to written contracts between people living in a rented space outlining obligations and rights for their stay. This contractual agreement would entail the rules of living together, restrictions on behavior, and duties. It can be an essential tool in helping individuals living together avoid misunderstandings and disputes in the living area. 

What is a Roommate Agreement?

Roommate agreements refer to contracts between people living together in one rental space. These agreements specify the terms of living in that property. They are a great way of avoiding potential issues when more than one person is on a lease agreement. Written agreements entailing all parties on a lease are an excellent tool for defining individual roommate responsibilities should a conflict arise. They are also separate from the contractual agreement with the landlord, which is the tenant lease.

Is a Roommate Contract Legally Binding?

Roommate contracts are typically considered to be legally binding due to the consideration of the offer and acceptance principle. Both parties also have a clear intention to enter the agreement so cases involving particular terms may be brought to court. However, it's important to be aware of potential pitfalls in the rental process, such as rental scams. It is also crucial to consider the protection of personal documents and adherence to Privacy Act and Laws to prevent misuse of personal information. Violations related to personal data can escalate into misdemeanors or even felonies, depending on the severity of the breach. That does not mean tenants can legally hold their roommates to every minute detail within the agreement. For example, breaches like drinking the roommate’s juice or failure to turn the TV off after 9 pm should not merit taking a roommate to court. 

The courts are more likely to allow one to sue for a breach of contract if there is clear evidence of damages due to the other party’s violation of the said agreement. That is the case if a roommate vacates without paying their share of the rent. The financial aspects of a rental agreement are the most enforceable because they involve the highest level of damages. If a party does not pay rent or utilities, their roommate can file a suit in small claims court. 

What are the Benefits of Creating a Roommate Agreement?

Roommate agreements provide significant benefits to people living together. Most people report that the agreement helps them avoid conflicts and clarify expectations. Clarity is a great advantage because the agreement indicates the payment due dates, deposit amounts, and rental stipulations. This helps avoid misunderstandings or disputes between the landlord and the tenant. It also shows all parties' obligations, including maintenance and cleaning requirements. 

A rental agreement is also essential as it protects the roommate’s rights. It sets the notice period for the end of their tenancy, which can be one to three months. That means the roommate cannot be evicted without due cause, and there has to be adequate notice. The agreement also issues the tenant's rights, including privacy. The roommate contracts establishes accountability as well. It encourages people to live up to a mutually binding set of rules. So, they are likely to adhere to these regulations. 

How to Make a Roommate Contract?

The process of creating a roommate agreement should be collaborative because it entails more than one party. Everyone should be on board with the rules and regulations set out for it to be binding. 

Steps to Create a Roommate Contract

There is more than one way to do this, but the typical rule of thumb will include the following steps:

• Discuss all expectations

Before creating a roommate contract, parties must discuss with roommates to ascertain all expectations about living together. This encompasses day-to-day activities such as meals, entertainment, cleanliness, and noise.

• Define responsibilities

Roommates are encouraged to discuss how they will share duties within the house. This includes rent payment, utilities, and excursions if shared. It also means determining the cleaning and cooking rota. Moving in and out dates should be discussed as well. At the end of this discussion, everyone should be aware of their financial obligation.

• Guest guidelines

Visitors are a tense subject for some roommates because they mean bringing someone into the shared space who may not be friends with one party. It is important to discuss the number of people each can get and the duration they can stay within the shared space. In certain situations, roommates can also discuss who is allowed into the shared space. 

• Consequences

The regulations are essential regarding rental space discussions, but parties should also discuss the effects of not abiding by an agreement. That way, there is real accountability involved in the agreement rather than rules that can be broken. Consequences should also be reasonable and tailored to something that each party is comfortable with. Serious breach of contract, though, may be met with fines or an eviction if need be. Finally, all regulations should be subject to updates as the situation changes. If new issues arise, there should be a provision for the scenario to be added to the agreement so there is little room for interpretation. 

What to Include in a Roommate Agreement

There are typical subjects to cover when it comes to roommate agreements. However, anything is okay to outline as a term of agreement, provided it is reasonable and within the law. When filling out a roommate agreement template, there are typical subjects to cover, such as expense breakdown and shared spaces. The only thing that does not have to be provided within the contract are the elements covered in the lease, such as rental payments. 

Roommate Agreement Checklist

Include the following items in your roommate agreement checklist: 

• expense breakdown, 
• shared rooms, 
• pets, 
• noise levels, 
• guests, 
• parties. 

A comprehensive roommate agreement checklist will ensure all parties are aware of their responsibilities and expectations.

• Expense breakdown 

All roommate agreements should include a breakdown of each roommate's contribution to shared expenses, such as rent, utilities, security fees, groceries, and recreation. The extent of the expense breakdown depends on the dynamic of the roommate relationship. Some prefer a detailed report to leave nothing to chance so it can cover which person buys beverages on joint outings. That said, it can also be lax, covering only the basic costs.

• Shared Rooms

A roommate agreement should also cover the parts of the house open to all roommates or guests and the private rooms to one tenant. This is particularly important if one or both roommates have long-term relationships with their partners visiting them often. 

• Pets

Pets are a pertinent subject in roommate agreements to avoid inconveniences. Some people are allergic to dogs or cats, so when a party shows up with a pet, this will be a problem, which would have been a dealbreaker in most cases. The roommate agreement would have circumvented moving in with an incompatible roommate.

• Noise Levels 

Noise levels should also be discussed, as different people have specific quietness preferences. Some don't mind a stereo most of the day and night, but that is not debatable for other parties. Ironing out the amount of noise each would be comfortable with within the living area makes both parties aware of the potential living situation. It also prevents people from stepping on each other's toes without knowing once they move in together. 

• Guests and Parties

Guests are a key topic of discussion because most roommates do not have mutual friends. Having guests over is a good thing, but it needs prior approval from the other roommate. Parties can also limit the frequency with which roommates can have visitation and then set guidelines for parties and larger guest groups. 

Roommate Agreement Rules

Roommate agreement regulations clearly outline the living situation expectations and obligations for everyone involved. The intent of the agreement rules is to avoid problems that would make living together harder than necessary. With a comprehensive indication of regulations, people do not have to deal with piled dirty dishes, late nights, or overdue utility payments. When each roommate knows what is expected of them, it becomes easier to understand what is acceptable and what is not. 

Roommate Agreement Template

Use this sample roommate agreement template to draft your own agreement.

The tenants below have signed a lease agreement for the residential property at the given address on [month/day], [year]. This Roommate Agreement is between [tenant],( ), and [tenant] ( ) for the residential property at the given address: Michillinda Ave #402, Pasadena, CA 91107. This agreement covers the following terms: Rent: According to the lease agreement terms, the total rent due each month to the landlord is $. Each roommate shall pay the following amount:    Tenant 1:    Tenant 2:  Food and Clean-Up:  Food costs will be shared by each roommate Food will be bought by each roommate Each roommate will agree to share the responsibilities of cleaning and maintaining the residence, including vacuuming, emptying trash, mopping, cleaning the bathroom's laundry, and cleaning the dishes.  Personal Property: Each tenant agrees not to use or borrow the other roommates’ personal item(s) without their consent. Guests Each roommate can bring their guests to the house during the day. However, the roommate must have notified the other roommate at least three hours before the visit.  Guests can stay in the standard rooms but cannot sleep over for more than one night.  Noise levels Each roommate will adhere to an acceptable level of noise so they do not disturb their living partner via mobile device, speaker, or TV during the day or night. Consequences Tenants who refuse to abide by the terms of this agreement will be subject to litigation and eviction if necessary.

Roommate agreements help the tenants live in peace, especially if they do not know each other. They provide general terms of engagement for roommates in the living area to create the best living experience. These terms include cost splitting, guests, cleaning duties, noise levels, and the consequences of violating the agreement. Not all breached terms are enforceable in court, but a judge can hear those that have led to actual damages. In any case, the roommate agreement was intended to stop it from reaching such a level that lawyers must be called in to mediate. 

FAQ

How to Make a Roommate Contract Legal?

A roommate contract is legally binding by indicating the name of each party, their signatures, and the date it was signed. The mark of their agreement is presentable in court.

What Is the Advantage of Having a Written Agreement With a Roommate Rather Than an Oral Agreement?

A written agreement is far better than an oral agreement because it provides evidence of the offer and acceptance, which are the key areas that make a contract binding. The written agreement also shows the agreement's value by showing the level of investment for both parties. 

How to Write a Rental Agreement for a Roommate

Start with a roommate agreement template that includes all necessary terms. The contract should begin with writing the names of both roommates and the house's address. It should also include the unit number and the apartment building's identity. The roommate will include various aspects that function as the basic rules, such as the exact amount of rent paid each month, security deposits, utilities, and other contributions according to party. It should also include the rules on guests, parties, cleaning, and moving out.