Roommate Agreement

A roommate agreement is a contract between the people who share a home, not with the landlord. It covers what the lease does not: how rent and utilities are split, who pays when, chores, guests, quiet hours, and what happens if someone moves out early. It is the cheapest way to keep a friendship intact when money gets tight.

Joint liability nobody explained

Most leases make all roommates jointly and severally liable: if one stops paying, the landlord can collect the full rent from any of them. When a roommate leaves mid-lease, the others are stuck covering their share with no written agreement about repayment or replacement. A roommate agreement cannot change the lease, but it can define what roommates owe each other.

What the template covers

Rent and utilities split

Each person's share, due dates, who pays the landlord, and how utilities and internet are divided.

House rules

Chores, guests, overnight visitors, quiet hours, shared items and pets.

Moving out early

Notice required, responsibility for rent until a replacement is found, and how the deposit is split.

Everyone signs online

Each roommate signs from their phone; everyone gets the same final copy.

What a roommate agreement can and cannot do

A roommate agreement is enforceable between the roommates as a contract, and can be the basis of a small claims case for unpaid shares. It does not bind the landlord or change the lease: if the lease makes tenants jointly and severally liable, the landlord can still pursue any of them for the full rent. The Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, provides that a signature, contract or record may not be denied legal effect solely because it is in electronic form, and every state except New York has adopted the Uniform Electronic Transactions Act; New York reaches the same result through its Electronic Signatures and Records Act.

Three roommates and a job offer

Three graduate students in Boston signed a roommate agreement online when they moved in. When one accepted a job across the country four months in, the agreement required 30 days' notice and payment of his share until a replacement was found. He found one in three weeks, and nobody had to argue about it.

What to put in a roommate agreement

Questions people ask about this

Is a roommate agreement legally binding?

Yes, between the roommates who sign it. It does not change the lease with the landlord.

Does the landlord need to sign it?

No. It is an agreement among roommates.

What if a roommate stops paying?

The landlord may still collect full rent from any tenant if the lease is joint; the agreement gives the others a claim against the roommate who did not pay.

Can roommates sign it online?

Yes, each from their own phone, under the ESIGN Act and UETA.

Can we add a new roommate later?

Only with the landlord's approval if the lease requires it. Once approved, update the roommate agreement and have everyone sign again.

How should we split a security deposit?

Usually in proportion to what each roommate paid in. The agreement should say how deductions are shared when someone moves out.

Should we set a cleaning schedule?

A simple rotating schedule in the agreement prevents the most common roommate disputes and gives everyone a reference point.

How do we handle shared purchases?

List recurring shared costs — cleaning supplies, streaming, internet — and how they are split, so nobody keeps a running tab in their head.

Related documents

Create a roommate agreement