Roommate Agreement - Template, Sample Form to Fill out Pro · NG-law

ROOMMATE AGREEMENT

THIS ROOMMATE AGREEMENT (the "Agreement") is made this ________ BY AND BETWEEN the following persons:

I. ________, of ________, holding identification number ________; and

II. ________, of ________, holding identification number ________.

Hereinafter collectively referred to as the "Roommates" and individually as a "Roommate", being the lawful occupiers of the following address:

________

BACKGROUND

A. The above-mentioned Roommates share the residential premises particularly described in this Agreement and wish to record, through this Agreement, their respective rights and obligations in relation to their tenancy.

B. This Agreement is intended to operate strictly between the Roommates and does not impair, vary, or affect the rights and liabilities of any Roommate towards third parties, including the Landlord, the Agent, or any other party not a party to this Agreement to whom a Roommate may be contractually bound under the Lease.

C. This Agreement shall be construed in a manner consistent with the applicable tenancy legislation in force at the location of the Rental Unit, including, where applicable, the relevant State Tenancy Law.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Roommates agree as follows:

§1. THE LEASE

1.1. By virtue of a residential tenancy agreement dated ________ (the "Lease") granted by ________ (the "Landlord"), the Roommates occupy the rental unit described as follows (the "Rental Unit"):

________

1.2. The Lease subsists for a fixed term of ________, having commenced on ________ (the "Commencement Date") and ending on ________ (the "Expiration Date").

1.3. The Roommates jointly and severally undertake to comply with all the terms, covenants, and conditions of the Lease, including their obligations to the Landlord in respect of payment of rent and the proper maintenance of the Rental Unit. Nothing in this Agreement shall be construed to substitute, displace, or diminish the rights and responsibilities of the Roommates or the named tenants under the Lease.

§2. TERMINATION

2.1. Where a Roommate intends to vacate before the natural expiration of this Agreement, that Roommate shall give the other Roommate(s) not less than ________ written notice, and any such early termination shall be conditional upon the departing Roommate procuring a suitable replacement acceptable to the remaining Roommate(s).

2.2. The remaining Roommate(s) shall retain the right to refuse early termination notwithstanding compliance with the conditions in clause 2.1, save where such refusal would be unreasonable having regard to the circumstances.

2.3. A departing Roommate shall remain liable for all sums accrued and due under this Agreement up to the effective date of their departure.

§3. SECURITY DEPOSIT

3.1. The total security deposit is ₦________ (________) (the "Security Deposit"). The Security Deposit shall be borne equally between the Roommates, and each Roommate shall accordingly contribute ₦________.

3.2. The Security Deposit, or any portion thereof refunded by the Landlord at the end of the tenancy, shall be apportioned among the Roommates in the same proportions as contributed, subject to any lawful deductions made by the Landlord.

§4. RENT PAYMENT

4.1. The total rent for the Rental Unit is ₦________ (________) per ________ (the "Rent"), payable in advance for the relevant period. The Rent shall fall due on ________.

4.2. Each Roommate shall remit their respective share of the Rent to ________, who shall be responsible for collecting and remitting the aggregate Rent to the Landlord, and who shall, upon request, issue a written acknowledgement of each remittance.

4.3. Each Roommate shall pay their share of the Rent promptly and in full on or before the due date. Any Roommate who fails to pay their share of the Rent when due shall be solely liable for any late fees, penalties, or charges arising from such default and shall indemnify the other Roommate(s) against any loss or liability resulting therefrom.

§5. UTILITIES AND OTHER CHARGES

5.1. The Roommates agree to share the payment for the following utilities and charges (the "Utilities and Charges"):

5.1.1. Electricity bill, ₦________ (________);

5.1.2. Water bill, ₦________ (________);

5.1.3. Sanitation bill, ₦________ (________);

5.1.4. Television and Cable bill, ₦________ (________);

5.1.5. Internet (WiFi) bill, ₦________ (________);

5.1.6. Gas bill, ₦________ (________).

5.2. The Utilities and Charges shall be split between the Roommates in equal proportions, irrespective of the size of any Roommate's living space, unless otherwise agreed in writing.

5.3. Where a Roommate persistently defaults in paying their share of the Rent, Utilities and Charges, the other Roommate(s) may, subject to clause 8 and to the applicable tenancy legislation, take steps to procure the removal of such defaulting Roommate from the Rental Unit. The defaulting Roommate shall remain liable for all unpaid sums.

§6. SHARED SPACES

6.1. The following common areas shall be shared among the Roommates (the "Common Areas"):

________

6.2. The Roommates shall jointly ensure the cleaning and proper maintenance of the Common Areas in a clean, safe, and sanitary condition.

§7. NEW ROOMMATES

7.1. No new roommate shall be admitted to the Rental Unit save with the unanimous written consent of the existing Roommates and, where required, the prior written consent of the Landlord under the Lease.

7.2. The Roommates shall admit new roommate(s) only upon satisfaction of the following criteria:

________

§8. EVICTION OF ROOMMATES

8.1. A Roommate may be required to vacate the Rental Unit before the natural expiration of this Agreement upon the occurrence of one or more of the following circumstances:

________

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§9. GENERAL RULES

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________

9.2. The Roommates shall respect these Quiet Times and shall not engage in activities that would disturb the Quiet Time of any other Roommate.

9.3. Mutual Respect: The Roommates shall at all times treat one another with respect and courtesy. In particular, no Roommate shall engage in (a) physical or verbal abuse; (b) deceit or other fraudulent practices; (c) theft of any property belonging to another Roommate; or (d) any harassment or discrimination against any Roommate. Each Roommate shall respect the privacy and personal space of the other Roommate(s).

9.4. Guests: Each Roommate may receive guests, friends, visitors, and overnight guests, provided that such guests respect the other Roommate(s), maintain the order and privacy of the Rental Unit, and do not breach the terms of the Lease. The host Roommate shall be responsible for the conduct of their guests.

9.5. Maintenance and Repair: Each Roommate, and persons authorised by any Roommate, shall at all times keep the Rental Unit and its appurtenances in good and sanitary condition and repair, fair wear and tear excepted, during the term of this Agreement and any renewal thereof.

9.6. Animals and Pets: The keeping of animals or pets in or around the Rental Unit shall be permitted only with the prior written consent of all Roommates and subject to any restriction contained in the Lease.

9.7. Lawful Use: No Roommate shall engage in any illegal activity or use the Rental Unit for any unlawful purpose. All Roommates shall comply with all applicable federal and state laws, including the applicable tenancy legislation.

9.8. Dangerous Materials: No Roommate shall keep or permit the keeping of any dangerous, hazardous, flammable, or explosive materials in or around the Rental Unit.

9.9. Data Protection: Each Roommate shall handle any personal data of the other Roommate(s) lawfully and in accordance with the Nigeria Data Protection Act 2023, and shall not disclose such personal data to any third party without consent, save as required by law.

§10. MISCELLANEOUS

10.1. Notices: Any notice required to be given under this Agreement shall be in writing and shall be deemed duly given if delivered personally or sent by post or electronic mail to the relevant Roommate at the address of the Rental Unit or such other address as may be notified in writing from time to time.

10.2. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and the Roommates hereby submit to the jurisdiction of the courts having jurisdiction over the location of the Rental Unit, being ________.

10.3. Dispute Resolution: The Roommates shall use their best endeavours to resolve any dispute arising out of or in connection with this Agreement amicably and, failing amicable settlement, through mediation, before resorting to litigation.

10.4. Headings: Headings in this Agreement are used for convenience only and shall not be construed to limit or affect the terms of this Agreement.

10.5. Counterparts: This Agreement may be executed in counterparts, all of which together shall constitute one and the same Agreement.

10.6. Entire Agreement: This Agreement, together with any addendum hereto, constitutes the entire agreement between the Roommates and supersedes any prior contrary written or oral agreement made between them.

10.7. Assignment: No Roommate shall assign any of its rights, obligations, or duties under this Agreement without the prior written consent of the other Roommate(s).

10.8. Enurement: This Agreement shall enure to the benefit of and be binding upon the Roommates and their respective heirs, executors, administrators, and permitted successors and assigns.

10.9. Cumulative Rights: The rights of the Roommates under this Agreement are cumulative and shall not be construed as exclusive of one another except as otherwise provided by law.

10.10. Waiver: Any term or provision of this Agreement may be waived only in writing by the Roommate entitled to the benefit thereof. No delay or omission in exercising any right shall be construed as a waiver of that or any other right.

10.11. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.12. Further Assurance: Each Roommate shall execute and deliver all such documents and take all such actions as may reasonably be necessary or incidental to give full effect to the provisions of this Agreement.

IN WITNESS WHEREOF the Roommates have executed this Agreement on the day and year first above written.

SIGNATURES

Name of Roommate: ________

Signature:_________________________________

Date:______________________________________

In the presence of — Witness Name: ________

Witness Address: ________

Witness Signature:_________________________________

Name of Roommate: ________

Signature:_________________________________

Date:______________________________________

In the presence of — Witness Name: ________

Witness Address: ________

Witness Signature:_________________________________