Last Updated April 27, 2023
Alternate Names
A Roommate Agreement is also called a:
- House Rules Contract
- Shared Living Agreement
- Housemate Agreement
What is a Roommate Agreement?
A Roommate Agreement is a written contract that establishes the rights and responsibilities of people who share a living space. With a written agreement, the parties have a clear understanding of household rules and expectations, helping them avoid unspoken assumptions and potential disputes.
What are the benefits of creating a Roommate Agreement?
A Roommate Agreement is beneficial for several reasons:
- It establishes living arrangements and expectations
- It makes clear house rules and restrictions
- It supports roommates who wish to reinforce rules amicably
- It lessens any anxieties or doubts about a living arrangement
It's best to communicate terms and conditions with your roommate at the beginning of your relationship to avoid potential arguments down the road, and reviewing a Roommate Agreement together encourages a constructive dialogue early on. Once you've discussed the agreement, all parties should understand house rules regarding things like quiet hours, guests, rent, utilities, chores, and more.
A Roommate Agreement also helps roommates reinforce house rules. For instance, if one roommate stops performing a certain chore, the other roommate might politely point to the agreement to remind them of their agreed-upon responsibilities.
It's easier to reinforce rules, avoid conflict, and maintain a healthy relationship with your roommate when you discuss things in advance. Many couples find a Roommate Agreement helpful when they first move in with their girlfriend or boyfriend. Such agreements help to lessen anxieties or doubts about a new living arrangement.
Is a Roommate Agreement legally enforceable?
Some terms in your Roommate Agreement may be legally enforceable. For example, you might be able to take legal action against a roommate who has failed to pay their share of the rent. With a written agreement as evidence, you can show that your roommate previously agreed to certain financial obligations.
However, creating a Roommate Agreement often helps roommates avoid legal battles by clearly outlining terms in the first place.
How do you draft a Roommate Agreement?
To draft a comprehensive Roommate Agreement, you should include information about:
- Any existing Lease Agreements
- Financial obligations
- House rules
- Termination (i.e., eviction)
LawDepot's Roommate Agreement walks you through a set of questions so that you can easily customize these terms and others to suit your situation.
If you and your roommate are tenants under a lease, it helps to verify each party's lease obligations in your Roommate Agreement. This verification may be even more important if only one roommate has signed the lease agreement. By including lease information, both roommates become aware of the tenant obligations that they both must uphold and respect.
It's also helpful to lay the groundwork for financial obligations (such as security deposits, utilities, and rent), house rules, and termination. Problems often arise when one roommate does not meet expectations. Laying out these terms not only clarifies each roommate's obligations, but also allows for one roommate to terminate the other's tenancy if they fail to meet those expectations.
What is the difference between a lease and a Roommate Agreement?
Although a Lease Agreement and a Roommate Agreement both specify the terms and conditions of a living arrangement, a Lease Agreement only documents the relationship between a landlord and tenant—not the relationship between two tenants.
In contrast, a Roommate Agreement might highlight the key terms from a Lease Agreement as well as its own terms. This contract is between the people who share a home; unless the landlord also lives in the home, the landlord is generally not a party to a Roommate Agreement, though it may include their contact information.
In sum, a Lease Agreement helps landlords and tenants manage a rental property while a Roommate Agreement helps people manage daily living in a shared space.
What are my rights as a roommate?
If roommates wish to retain the same rights that tenants have under residential tenancy legislation, they both must sign a Lease Agreement with their landlord. Without signing the agreement, a roommate may not have the same rights and protections granted to tenants.
For example, if you're the only one to sign a Lease Agreement and your roommate fails to pay their share of the rent, your landlord will hold you responsible for the full payment—not your roommate. However, if both you and your roommate sign the lease, you will be equally accountable for upholding its terms.
A Roommate Agreement helps protect roommates in general by ensuring there is documentation of the contract between them. If one roommate fails to uphold their end of the agreement (such as paying rent), the other roommate might be able to take legal action for a breach of contract; in this case, a Roommate Agreement would be crucial evidence in court.
