Roommate Agreement - Template, Sample Form to Fill out Pro · AU-law
✓ Valid in Australia · drafted to comply with local law
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ROOMMATE (CO-TENANCY) AGREEMENT
________
This Roommate Agreement ("Agreement") is entered into and made effective on the date of execution set out at the end of this document, by and between the following parties:
Roommate 1: ________, of ________
Roommate 2: ________, of ________
The parties referred to above are collectively the "Roommates" and individually a "Roommate".
(1) PREMISES
1.1 The Roommates will reside as co-tenants at the following address (the "Premises"):
________
(2) INCORPORATION OF RESIDENTIAL TENANCY AGREEMENT
2.1 Each Roommate agrees to comply with the terms of this Agreement and with the terms of the residential tenancy agreement in respect of the Premises (the "Lease"), a copy of which has been provided to each Roommate.
2.2 A breach by any Roommate of the Lease shall also constitute a breach of this Agreement.
2.3 To the extent of any inconsistency between this Agreement and the Lease, the Lease prevails. To the extent of any inconsistency between this Agreement and the residential tenancy legislation applicable in ________, that legislation prevails and the relevant provision of this Agreement is to be read down to the extent necessary to comply with that legislation.
(3) TERM
3.1 This Agreement commences on ________ and continues until ________.
3.2 At the expiry of the term the Roommates may renew this Agreement in writing for a further term on such terms as they agree.
(4) EARLY TERMINATION OF THIS AGREEMENT
4.1 A Roommate who wishes to terminate this Agreement before the expiry of its term, or during any periodic continuation of it, must first discuss the proposed termination with each of the other Roommates.
4.2 A Roommate may be released early from this Agreement subject to: (a) locating a suitable replacement Roommate; (b) obtaining the written consent of each of the other Roommates and, where required, the landlord; and (c) compliance with the remaining terms of this Agreement.
4.3 Nothing in this clause affects any Roommate's rights or obligations under the Lease or the applicable residential tenancy legislation, including any right to give notice of termination to the landlord in accordance with that legislation.
(5) BOND / SECURITY DEPOSIT
5.1 The total bond (security deposit) lodged in respect of the Premises is $________ (________), which the Roommates acknowledge has been or will be lodged with the relevant bond authority in accordance with the applicable residential tenancy legislation.
5.2 The bond is to be contributed equally between the Roommates, each Roommate contributing $________ (________).
5.3 If the bond is refunded in full at the end of the Lease, the Roommates will divide it equally and each take their share. If the bond is refunded less any amount for unpaid rent and/or damage, the Roommates will divide the balance equally, except as provided in clause 5.4.
5.4 No Roommate will be liable for any excess share of damage unless agreed in writing by all Roommates prior to the end of the Lease. Where a Roommate has caused specific damage to the Premises or has failed to pay their share of rent, the other Roommates may agree to deduct that amount from that Roommate's share of the bond, and do not require that Roommate's consent to do so. Any dispute as to the bond between the Roommates and the landlord is to be dealt with in accordance with the applicable residential tenancy legislation.
(6) RENT
6.1 The total rent payable for the Premises is $________ (________) per week.
6.2 The rent is to be paid in full to the landlord by no later than ________ of each week.
6.3 The following Roommate is responsible for ensuring the rent is delivered to the landlord each week and for obtaining a rent receipt so that the other Roommates are aware the rent has been paid: ________.
6.4 If a Roommate fails to pay their share of the rent by the due date, that Roommate is responsible for any late charges, interest or other consequences arising from that failure as between the Roommates.
6.5 The rent is to be contributed equally between the Roommates, each Roommate contributing $________ (________) per week.
6.6 The Roommates acknowledge that, under the Lease, each Roommate who is named as a tenant may be jointly and severally liable to the landlord for the whole of the rent, regardless of the apportionment set out in this clause.
(7) UTILITIES AND OTHER OUTGOINGS
7.1 The cost of utilities and services used at the Premises is to be shared equally between the Roommates. Such utilities and services include, without limitation, gas, water usage charges, electricity, telephone and internet.
7.2 The following Roommate is responsible for managing the utility accounts and collecting each Roommate's contribution: ________.
(8) MOVING OUT
8.1 A Roommate who is named as a tenant on the Lease may not vacate the Premises without regard to their continuing obligations under the Lease, which may include liability for their share of the rent for the balance of the Lease term, subject to the landlord's obligation to mitigate loss and the applicable residential tenancy legislation.
8.2 A Roommate who is not named as a tenant on the Lease agrees to give the other Roommates not less than ________ days' written notice of their intention to move out. During the notice period that Roommate agrees to pay their share of the rent and utilities, whether or not they vacate earlier or a replacement Roommate moves in during that period.
(9) DISHONOURED PAYMENTS
9.1 If a Roommate makes a payment by cheque or electronic transfer that is dishonoured for insufficient funds, that Roommate is responsible for all reasonable costs and losses resulting from the dishonour, including dishonour fees, late fees and other associated charges.
(10) WAIVER
10.1 A waiver by any Roommate of any term of this Agreement on any occasion does not waive the right to enforce that term in the future, and does not constitute a waiver of any other term. A waiver is only effective if given in writing.
(11) SEVERABILITY
11.1 If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions continue in full force and effect and are not affected or impaired.
11.2 Any invalid, illegal or unenforceable provision is to be read down or severed to the minimum extent necessary to make it valid and enforceable, while preserving the original intention of the Roommates as closely as possible.
(12) DISPUTE RESOLUTION AND GOVERNING LAW
12.1 If a dispute arises between the Roommates concerning this Agreement or the living arrangements at the Premises, the Roommates agree first to attempt to resolve the dispute between themselves in good faith.
12.2 If the dispute cannot be resolved between the Roommates, they agree to refer the dispute to non-binding mediation conducted by a neutral mediator agreed upon by the Roommates (or, failing agreement, nominated by the relevant State or Territory dispute resolution or community justice service).
12.3 If mediation is unsuccessful, a Roommate may pursue such legal remedies as are available, including (where applicable) an application to the relevant State or Territory civil and administrative tribunal in respect of matters arising under the Lease.
12.4 This Agreement is governed by the laws of ________ and the applicable laws of the Commonwealth of Australia. The Roommates submit to the non-exclusive jurisdiction of the courts and tribunals of ________.
(13) HOUSE RULES
Respect: The Roommates owe each other a duty of mutual respect, including respect for each other's privacy and consideration of each other's reasonable needs.
Overnight guests: The Roommates acknowledge that overnight guests may stay at the Premises from time to time; however, this must not be abused. No guest may become a de facto occupant who enjoys the benefits of the Premises without contributing to rent. Any guest arrangement must comply with the Lease and the applicable residential tenancy legislation.
Common areas: The Roommates share equal responsibility for keeping the common areas clean, in good repair and habitable, and each Roommate must clean up after themselves and their guests.
Pets: A pet may be kept at the Premises only with the prior written consent of each Roommate and, where required, the landlord. If any Roommate does not consent, the pet is not permitted.
Unlawful activity: No unlawful activity of any kind is permitted at the Premises. A Roommate engaging in unlawful activity is in breach of this Agreement and may be liable to the other Roommates and required to vacate the Premises, subject to the Lease and the applicable residential tenancy legislation.
Quiet hours: The Roommates will observe quiet hours during the following times:
________
During these hours the Roommates will be respectful of one another and will not engage in activities that unreasonably disturb the quiet enjoyment of the Premises.
(14) ENTIRE AGREEMENT
14.1 This Agreement (together with the Lease) records the entire agreement between the Roommates concerning its subject matter and supersedes all prior negotiations, representations and understandings. This Agreement may only be amended in writing signed by all Roommates.
EXECUTED AS AN AGREEMENT on the ________ day of ________
Signed by Roommate 1:
Name: ________
Signature: ...........................................................................
Date: ________
Witness Name: ________
Witness Signature: ...........................................................................
Signed by Roommate 2:
Name: ________
Signature: ...........................................................................
Date: ________
Witness Name: ________
Witness Signature: ...........................................................................
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