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.

Information to customize

• Names of all roommates party to this agreement

• Governing state

• Property address

• Lease structure (joint co-tenants on one lease, or master tenant with subleases)

• How rent is split among roommates

• How shared expenses (utilities, supplies) are split and paid

• Room and shared-space assignments

• House rules (guests, quiet hours, cleaning, shared items)

• Terms if a roommate wants to move out early

• Date of this agreement

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Frequently asked questions

Does a roommate agreement change what I owe the landlord?

No. A roommate agreement only governs the roommates' relationship with each other. If all roommates are named as co-tenants on a single lease, each remains jointly and severally liable to the landlord for the full rent regardless of any private split agreed between roommates.

What does joint and several liability mean for roommates?

It means the landlord can legally demand the full rent (or hold any co-tenant responsible for lease violations) from any one roommate on a joint lease, even if that roommate only agreed to pay a fraction privately. Recovering a non-paying roommate's share is a private matter between roommates, not something the landlord handles.

What is the difference between a joint lease and a sublease arrangement?

On a joint lease, all roommates are co-tenants directly liable to the landlord. In a sublease structure, one master tenant alone is liable to the landlord, and the other roommates' legal relationship is only with the master tenant, not the landlord.

Can a roommate sublet a room without the landlord's permission?

Not necessarily. Many leases restrict or prohibit subletting without the landlord's consent. Check the master lease's subletting terms before assuming a sublease structure is permitted.

What happens if a roommate wants to move out before the lease ends?

This should be addressed explicitly in the roommate agreement (notice to other roommates, finding a replacement, continued liability for rent), since the underlying lease with the landlord generally does not automatically release a departing co-tenant from liability.

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