Roommate Agreement - Template, Sample Form to Complete Pro · EN-CA-law
✓ Valid in Canada (English) · drafted to comply with local law
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ROOMMATE AGREEMENT
(Province of ________)
This Roommate Agreement (the "Agreement") is made and entered into effective as of the date set out in the Execution section below, by and among the following parties:
Roommate 1: ________, of ________;
Roommate 2: ________, of ________.
Collectively, all parties referenced above may be referred to as the "Roommates" and singularly, any party may be referred to as a "Roommate."
The Roommates will be co-tenants residing at the following address (the "Premises"):
________
The Premises are leased pursuant to a residential tenancy agreement dated ________ between the Roommates (or some of them) and the landlord, ________ (the "Landlord") (the "Lease").
This Agreement is entered into by all parties referenced above as a legally binding understanding of the rights and responsibilities of the Roommates as between themselves. This Agreement is a private contract among the Roommates and is not intended to subvert, alter, or override the rights and responsibilities of the Roommates with regard to any third party, including the Landlord, utility providers, or any other party not subject to this Agreement to whom the Roommates may be contractually or statutorily bound, including under the applicable residential tenancies legislation of the Province of ________.
§ 1 – INCORPORATION OF LEASE
1.1 Each Roommate agrees to comply with the terms of this Agreement as well as the terms of the Lease and any addenda or rules required by the Landlord with respect to the Premises.
1.2 A breach of the Lease by any Roommate shall be deemed a breach of this Agreement.
1.3 In the event of any conflict or inconsistency between this Agreement and the Lease, the Lease and the applicable residential tenancies legislation shall prevail to the extent of the conflict.
1.4 The Roommates acknowledge that any Roommate who is a named tenant on the Lease may be jointly and severally liable to the Landlord for all obligations under the Lease, regardless of the allocation of responsibilities among the Roommates under this Agreement.
§ 2 – TERM
2.1 This Agreement shall commence on ________ and shall continue until ________, unless terminated earlier in accordance with this Agreement.
2.2 Upon expiry of the Term, the Roommates may renew this Agreement for a further term by written agreement signed by all Roommates.
§ 3 – TERMINATION OF AGREEMENT
3.1 Any Roommate who wishes to terminate this Agreement prior to the expiration of its term, or within the confines of any open-ended term, must first give written notice to and discuss such termination with each of the other Roommates.
3.2 A Roommate may be permitted to terminate this Agreement early, subject to securing a suitable replacement for the Premises and subject to the remaining terms and conditions of this Agreement; provided that early termination and release from the obligations contained in this Agreement is subject to the prior written consent of each of the other Roommates and, where applicable, the Landlord.
3.3 Nothing in this Agreement limits or waives any right of a Roommate to terminate a tenancy in accordance with the applicable residential tenancies legislation of the Province of ________.
§ 4 – RENT
4.1 The total monthly rent for the Premises is $________ (________) per month.
4.2 The rent is to be paid in full to the Landlord on or before the following day of each month: ________.
4.3 The following Roommate shall be responsible for ensuring the rent is delivered properly to the Landlord each month and for obtaining a rent receipt so that each of the other Roommates knows the rent has been paid: ________.
4.4 The payment of the rent shall be split equally among the Roommates, with each Roommate responsible for the sum of $________ per month.
4.5 If any Roommate fails to pay their portion of the rent by the date it is due, that Roommate shall be solely responsible for any late charges assessed and for any further consequences thereof, and shall indemnify the other Roommates for any liability they incur to the Landlord as a result.
§ 5 – SECURITY DEPOSIT
5.1 The security deposit paid in respect of the Premises is $________, contributed equally among the Roommates.
5.2 The return of any security deposit shall be governed by the Lease and the applicable residential tenancies legislation. No Roommate shall be entitled to recover their share of the security deposit from the other Roommates except as provided in this Agreement or upon return of the deposit by the Landlord.
§ 6 – UTILITIES
6.1 The payment of utilities for the living space, whatever utilities the Roommates may use, shall be split equally among the Roommates. Examples of such utilities include, but are not limited to, gas, water, electricity, heat, telephone, and internet service.
6.2 The following Roommate shall be responsible for managing and collecting payment of the utilities each month: ________.
§ 7 – EARLY MOVE-OUT
7.1 A Roommate who is a named tenant on the Lease may not terminate their occupancy of the Premises without the possibility of financial consequences, including potentially remaining liable for their share of the rent for the remainder of the term of the Lease, subject to the Landlord's duty to mitigate and the applicable residential tenancies legislation.
7.2 A Roommate who is not a named tenant on the Lease agrees to give the other Roommates at least ________ days' written notice of any intended move-out. During the notice period, the departing Roommate agrees to pay their portion of the rent and utilities for the entirety of the notice period, whether or not the actual date of departure falls before the end of the notice period and whether or not a new Roommate moves in.
§ 8 – DISHONOURED PAYMENTS
8.1 If any Roommate pays by cheque or other instrument that is dishonoured or drawn on insufficient funds, that Roommate shall be responsible for all damages resulting therefrom, including, but not limited to, late fees, dishonoured-payment charges, and any other miscellaneous fees.
§ 9 – COMMON RULES
9.1 RESPECT: The Roommates agree that they owe each other a duty of mutual respect and agree to treat each other accordingly, including respect for each Roommate's privacy and consideration for the reasonable needs and wants of the other Roommates.
9.2 OVERNIGHT GUESTS: While the Roommates understand that overnight guests may from time to time stay at the Premises, this privilege may not be abused. Overnight guests are not permitted to become de facto tenants by enjoying the benefits of the Premises without contributing to rent and utilities.
9.3 COMMON AREAS: The Roommates shall take shared and equal responsibility for keeping the common areas of the Premises clean, in good repair, and livable. Each Roommate is expected to clean up their own messes and after any guests, overnight or otherwise.
9.4 PETS: Pets may be permitted on the Premises only with the prior consent of each of the Roommates and of the Landlord (where required under the Lease). If any one Roommate does not consent to a pet, the pet shall not be permitted.
9.5 SMOKING: Smoking and the use of cannabis on the Premises shall be subject to the following terms and to the Lease and applicable law: ________.
9.6 ILLEGAL ACTIVITY: No illegal activity of any kind shall be permitted on the Premises. Any Roommate found engaging in illegal activity shall be subject to termination of this Agreement and may be required to vacate the Premises, subject to the applicable residential tenancies legislation.
9.7 QUIET TIMES: The Roommates shall observe quiet hours as follows:
________
The Roommates shall be respectful of each other during these hours and shall not engage in any activity that would disturb the quiet enjoyment of the other Roommates.
§ 10 – LIABILITY AND INDEMNITY
10.1 Each Roommate shall indemnify and hold harmless the other Roommates from and against any loss, damage, claim, or liability arising out of that Roommate's breach of this Agreement, the Lease, or any negligent or wilful act or omission of that Roommate or their guests.
10.2 The Roommates are each encouraged to obtain their own tenant's (contents and liability) insurance, and acknowledge that this Agreement does not provide any such coverage.
§ 11 – WAIVER
11.1 No express or implied waiver by any Roommate of any term of this Agreement on any occasion shall waive the right to enforce that term in the future. The waiver of any one term of this Agreement shall not be construed as a waiver of any other term.
§ 12 – SEVERABILITY
§ 13 – DISPUTES
13.1 If any dispute or disagreement arises among the Roommates regarding the terms of this Agreement or any other matter pertaining to the living situation, the Roommates agree first to attempt to resolve the dispute among themselves in good faith.
13.2 If self-resolution fails, the Roommates agree to refer the dispute to non-binding mediation before a neutral third party agreed upon by all parties, with the costs of mediation shared equally among the participating Roommates.
13.3 If non-binding mediation is unsuccessful, any Roommate may pursue such legal remedies as may be available, including, where applicable, an application to the appropriate residential tenancies tribunal or court of competent jurisdiction in the Province of ________.
§ 14 – ENTIRE AGREEMENT
14.1 This Agreement, together with the Lease, constitutes the entire agreement among the Roommates with respect to the subject matter hereof and supersedes all prior understandings, whether oral or written. No amendment to this Agreement shall be effective unless made in writing and signed by all Roommates.
§ 15 – NOTICES
15.1 Any notice required or permitted under this Agreement shall be in writing and delivered personally, by registered mail, or by electronic mail to the address or email provided by each Roommate, and shall be deemed received upon delivery or, if mailed, on the fifth business day following mailing.
§ 16 – GOVERNING LAW
16.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of ________ and the laws of Canada applicable therein.
§ 17 – EXECUTION
The Roommates have executed this Agreement, intending to be legally bound, as of the dates set out below.
____________________________________________
Roommate 1: ________
Date: ________
____________________________________________
Witness: ________
____________________________________________
Roommate 2: ________
Date: ________
____________________________________________
Witness: ________
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