Roommate Agreement

Overview

A roommate agreement is a private contract between people who share a residence, allocating rent, expenses and house rules among themselves. Critically, a roommate agreement is a SEPARATE document from the lease with the landlord, and does not by itself change anyone's legal obligations to the landlord — it only governs the roommates' relationship with EACH OTHER. Understanding the underlying lease structure is essential before drafting one. Joint-and-several liability under a single master lease: if all roommates are named as co-tenants on one lease signed with the landlord, each co-tenant is typically JOINTLY AND SEVERALLY LIABLE for the full rent and for compliance with the lease — meaning the landlord can legally demand the full rent (or hold responsible for lease violations) from ANY one roommate, regardless of what the roommates privately agreed about splitting rent 3 or 4 ways. If one roommate stops paying their private share, the others remain on the hook to the landlord for the full amount, and can only seek reimbursement from the non-paying roommate as a private matter (this roommate agreement) — not from the landlord. Sublease structure: alternatively, one roommate (the "master tenant") may be the sole tenant named on the lease with the landlord, and sublet space to the other roommates under separate sublease agreements. In that structure, the master tenant alone is liable to the landlord for the full rent, and the subletting roommates' only direct legal relationship is with the master tenant, not the landlord — a materially different risk allocation. Many leases restrict or prohibit subletting without landlord consent, so check the master lease before assuming subletting is permitted. Which structure applies should be stated explicitly in this agreement, since it fundamentally changes who is legally exposed to whom, and this roommate agreement should be read together with (and never contradict) the actual lease terms with the landlord. Fair housing and screening: if roommates are jointly involved in selecting a new roommate to fill a vacancy, be aware that private roommate selection can in some circumstances still implicate fair housing considerations depending on the situation and jurisdiction — this is a nuanced area and not covered exhaustively here. House rules and dispute resolution: beyond money, a roommate agreement commonly covers guest policies, quiet hours, cleaning responsibilities, shared item use, and what happens if a roommate wants to move out early (notice to other roommates, finding a replacement). When to use: whenever two or more people share a residence and want to formalize how rent, expenses and house rules are handled between themselves, on top of (never instead of) the actual lease with the landlord. Common pitfalls: assuming this agreement changes anyone's liability to the landlord (it does not, under a joint lease); not identifying whether the arrangement is a joint lease or a sublease; and subletting without checking the master lease's consent requirements. Confirm any sublease structure is permitted under {{governing_state}} law and the master lease before use.