Key Takeaways
- Most roommate conflicts arise from money issues or home maintenance. Address these first in your agreement.
- Focus on issues your lease might not cover, like house rules, early move-outs, and damage responsibility.
- Rent, Security Deposit, and Utilities: Decide how these main expenses will be divided and the method of payment, and document your agreement.
- Chores: Divide household chores and make sure everyone agrees to their responsibilities.
- House Rules: Set additional rules, such as guest stay limitations, sharing supplies or food, privacy, pet guidelines, and quiet hours, to maintain a peaceful living environment.
What is a Roommate Agreement?
A roommate agreement is a legally binding document between everyone sharing the space. It might sound formal, but it’s more about the day-to-day stuff than the fine print of a lease. You can tweak it however you want, and it’s there to lay out everyone’s rights and responsibilities.
Why do you need a Roommate Agreement?
Look, we’ve learned a thing or two about setting up roommates. And one of those things is that having a roommate contract is like having a secret weapon for harmony. It helps you assign chores, set boundaries, and keep things running smoothly. Think of it as your peacekeeping tool for when conflicts inevitably pop up.
According to the Student Health Services of Georgetown University, about 1 in 3 college students run into roommate issues. Most of these are minor and can be sorted out with a good chat, but having an agreement gives you something to fall back on. A lot of roommate spats come down to money or maintenance, so nailing these points from the start can save you a ton of headaches. That’s why having a roommate agreement is a game-changer.
We’re not talking about crafting a roommate agreement straight out of Sheldon Cooper’s playbook (no need for 31 pages of rules!). But here are the essentials every agreement should cover.
Essentials of a Roommate Agreement
1. The Basics
Begin with the basics: list all parties’ names, addresses, and lease terms. Specify whether you’re all co-tenants on the lease or if one person is the primary tenant while the others are roommates. This sets a solid foundation for the agreement and ensures everyone understands their role and responsibilities from the start.
2. Rent
Money is often the spark that causes the most friction between roommates. While your lease will cover the basics, it’s smart to dive deeper and iron out the finer details. Start by clarifying how the rent will be paid: Who handles the payments to the landlord? Will each roommate pay the landlord directly, or will everyone contribute to a single roommate who then makes the full payment?
Pro Tip: If your landlord allows for separate payments, it’s usually best for each roommate to pay directly—especially if you’re not a sub-tenant but a primary tenant. This can protect you from being held liable if another roommate skips out on their share or moves out early. Plus, some landlords offer online portals that break down each payment, making it easier to keep track of who’s paid what. You can also use services like Boom Pay to help build your credit score while paying rent on time.
Don’t forget to hash out how the rent will be divided. Will everyone pay the same amount, or will it be based on room size? Having this discussion upfront can prevent a lot of future headaches.
To sum it up, make sure to include these clauses in your agreement:
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- Total Rent Amount: The full amount owed to the landlord.
- Method of Payment: Specify who pays whom and how.
- Rent Distribution: Clearly outline how the rent is split among the roommates.
3. Security Deposit
Speaking of money issues, security deposits are a biggie.
Understanding how your security deposit is handled is crucial for avoiding conflicts down the line. Start by clarifying whether the deposit was collected individually or as a whole. According to Ann O’Connell, an attorney at Nolo; if deposits are collected individually, landlords can deduct from the specific tenant responsible for unpaid rent or damage to their personal area. However, if the deposit is collected as a group, any deductions and returns will apply to the entire group collectively.
In cases where the deposit is shared, it’s important to decide how responsibilities for damages will be allocated among roommates. Will the costs be split evenly, or will the person responsible for the damage cover the expense?
Another key point to consider is what happens if one roommate moves out early. Juan Huizar of Sage Real Estate notes that roommate groups often change over time, and dealing with the security deposit in such cases can get tricky. That’s why it’s crucial to address this in your roommate agreement and clarify how the deposit will be managed.
To cover these details, include the following in your Roommate Agreement:
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- Total Security Deposit: Specify whether the deposit was collected individually or as a whole.
- Responsibility for Damages: If the deposit was collected as a whole, state whether the responsible roommate will cover damages or if the group will split the cost evenly.
- Early Move-Out: State what happens to the security deposit when one roommate moves out.
4. Early Move-Out
So, what happens if a roommate decides to move out early? This can definitely stir up some issues if not handled right. The main concerns are who covers the remaining rent, whether they give proper notice, whether can they sublease their room, and what happens with the security deposit.
For the security deposit, it’s usually a matter between the departing roommate and the landlord. Most landlords only return the deposit when the lease ends. The departing roommate might even need to sign away their right to a portion of the deposit if they leave early, based on the landlord’s policy. As for the rent and notice period, it’s best to sort these out in writing to avoid any awkwardness.
Here’s how to cover it in your agreement:
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- Security Deposit: If a roommate moves out early, they’re responsible for sorting out their portion of the security deposit. The remaining roommates aren’t obligated to return any part of the deposit unless you all agree otherwise.
- Notice Period: The departing roommate needs to give [X days/weeks] notice before moving out.
- Rent & Utilities: The outgoing roommate must cover their share of rent and utilities until [specific end date].
- Subleasing Approval: If a roommate plans to move out and wants to sublease their room, they must get approval from the remaining roommates
5. Utilities
Start by preparing a list of all the utility expenses—electricity, gas, water, internet, and any other shared services. Decide as a group how you want to split these costs; splitting them evenly is often the simplest and fairest approach.
To avoid awkward conversations with a roommate who might be late on payments, use payment apps like Zelle, Venmo, or PayPal. These apps not only ensure complete transparency but also make it easy to send payment requests and set up alerts for upcoming bills.
You can structure this in your Roommate Agreement as:
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- Utility Expenses: All utility bills, including electricity, gas, water, and internet, will be split evenly among roommates unless otherwise agreed upon.
- Payment Method: Roommates will use a digital payment method (e.g., Zelle, Venmo, PayPal) for all utility payments to ensure transparency and timely transactions.
- Payment Deadlines: Payment requests will be sent by [X date] each month, and payments must be completed by [Y date]. Roommates are encouraged to set up payment alerts to avoid missed payments.
6. Cleaning Schedules
Mapping out a cleaning schedule can save a lot of hassle. You can either divide the chores by day or by the task itself, depending on what works best for your household. If one roommate prefers doing the dishes while another enjoys mopping, it’s easy to come to an agreement that keeps everyone happy.
One Redditor shared their approach to this:
“We stick to the same chores each month instead of rotating. It’s too easy to forget whose turn it is, plus we all have certain chores we actually prefer doing.”
The main chores that need to be divvied up include washing dishes, sweeping and mopping, taking out the trash, and keeping common areas free of clutter.
If you opt to use a cleaning service, state that in the agreement as well as how payments are split and paid.
7. Splitting Expenses
Managing household supplies can be a tricky area, but the University of San Diego’s Roommate Agreement offers a smart solution: keep a single, detailed ledger for all shared household supplies like toilet paper, detergent, water bottles, and trash bags. This ledger should include the cost, date of purchase, and the name of the purchaser. That way, everyone knows who bought what, and roommates can easily reimburse the person who made the purchase.
If you prefer to keep all your items separate—though it’s definitely more challenging—you can skip splitting expenses with your roommates altogether, except for the basics like rent and utilities.
8. Quiet Hours
If you value a quiet living environment—whether you work from home, are an early sleeper, or just prefer a bit of peace—this is the section where you can establish quiet hours. It’s particularly important for those who need a calm space during certain hours of the day or night.
Additionally, quiet hours should cover whether parties or loud gatherings are allowed without prior approval from all roommates. Some roommates even include a practical clause like, “If I can hear you from [specific room], you’re too loud.” This keeps expectations clear and helps maintain a comfortable environment for everyone.
9. Guests and Significant Others
It’s essential to set a maximum number of days guests or even significant others can stay over. This helps prevent any guest from overstaying their welcome and keeps things fair for everyone. Additionally, it’s safer to specify who can be an overnight guest. Friends, dates, family members, or a significant other? Sure! But maybe not a stranger from the bar. Another important rule: whoever invites the guests is responsible for cleaning up after them. This keeps the shared space comfortable for everyone.
But what happens when a significant other starts to become a de facto roommate? Suddenly, they’re over all the time, hogging the bathroom (if shared), using the utilities, and adding to the overall wear and tear of the apartment. It’s crucial to address this scenario in your roommate agreement. You might decide that if a significant other stays more than a certain number of nights per month, they should start contributing to rent and utilities. Alternatively, you could agree that long-term stays aren’t allowed at all.
Consider adding these clauses to your roommate agreement:
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- Guest Limits: A maximum of [X] nights per month is allowed for any guest, including significant others. Exceeding this limit requires prior approval from all roommates.
- Guest Eligibility: Overnight guests are limited to friends, family, dates, or significant others. Strangers or individuals met in public settings (e.g., the bar, the club, or the library) are not permitted as overnight guests.
- Guest Responsibility: The roommate who invites the guest is responsible for ensuring the guest cleans up after themselves and that common areas are returned to their original state.
- Significant Others: If a significant other stays more than [X] nights per month, they may be required to contribute to rent and utilities. Alternatively, long-term stays by significant others may be limited or not allowed at all.
10. Pets
If your rental unit allows pets, it’s important to set some ground rules to keep everyone comfortable. Start by deciding where the pet can roam—maybe they’re allowed in the common areas, or maybe they stick to just the owner’s room. Next, make sure it’s clear who’s responsible for cleaning up any messes. The pet’s owner should take care of everything from pet hair to accidents in shared spaces.
Also, consider what happens if the pet’s owner leaves town for a few days. They’ll need to arrange for someone to feed, exercise, and clean up after the pet so that the responsibility doesn’t fall on the other roommates.
You might start your roommate-ship petless, but that may change. Establish upfront if there is room to add pets to the mixture, what kind, and what sign-off the household tenants need.
11. Personal Property and General Rules
When setting boundaries around personal property, it’s key to establish what’s off-limits from the start. Decide if roommates are allowed in each other’s bedrooms or personal spaces, and decide who gets which bedroom. Shared areas like the kitchen and laundry should be divided fairly, with everyone responsible for keeping their spaces tidy.
Take it from Rany, Diggz CEO & Founder, who says setting boundaries is a must.
“My college roommate decided to save on electricity by turning off the heat in winter. I would turn it on, and minutes later, I’d hear footsteps and then it was cold again.I ended up doing homework in my winter coat! We didn’t have an agreement about temperature control, and it caused tension until I eventually moved out when the lease ended.”
No wonder, we are a stickler for endorsing rules when living with roommates.
Also, consider what happens if a roommate leaves for the holidays or summer break. Will they keep paying full rent, or are they allowed to sublet? Getting this in writing helps keep things smooth.
Here are some clauses to include in your roommate agreement:
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- Personal Spaces: Respect each other’s personal areas, like bedrooms and storage. Always get permission before entering someone’s room.
- Bedroom Assignments: Bedrooms are set at the start and stay fixed unless everyone agrees otherwise.
- Shared Storage: Kitchen and laundry storage to be divided evenly. Keep your designated area tidy.
- Subletting During Absence: If a roommate leaves for an extended time, they must keep paying rent unless they find an approved subletter.
- Supply Sharing: State whether or not all roommates agree to share basic housing supplies, food, and more.
- Parking: Allocate parking spaces fairly. Any changes need mutual agreement.
- Temperature Control: The thermostat to remain at 70 to 78 degrees Fahrenheit at all times.
FAQs
1. Is a roommate agreement legally binding?
Yes, roommate agreements are legally binding. However, that doesn’t mean you can take your roommate to court over every minor issue. For legal action, you must prove significant damage—issues like skipping rent or not paying expenses could warrant a court case, but things like not doing chores or being too loud typically won’t.
2. What are the benefits of a roommate agreement?
A roommate agreement helps prevent misunderstandings by giving you a clear reference point if conflicts come up. Since everyone agrees to the terms, it makes managing expectations and resolving disputes much easier. Plus, having everything in writing upfront saves time, money, and energy that might be spent arguing. It also provides peace of mind by establishing clear responsibilities, ensuring everyone knows what’s expected when it comes to sharing costs and keeping the household running smoothly.
3. Do you need a lawyer to draft your roommate agreement?
No, not necessarily. As long as the agreement is clear, comprehensive, and covers all necessary aspects, you’re good to go.
4. How do you make changes to the roommate agreement?
Talk it over with your roommates. If everyone agrees to make changes before your contract is up, you can definitely adjust the agreement as needed.