Roommate Agreement - Template, Sample Form to Complete Pro · US-law
✓ Valid in United States · drafted to comply with local law
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ROOMMATE AGREEMENT
State of ________
This Roommate Agreement (this “Agreement”) is entered into and made effective as of ________, by and between the following individuals (each, a “Roommate” and collectively, the “Roommates”):
Roommate 1: ________, currently residing at ________;
Roommate 2: ________, currently residing at ________;
Additional Roommate(s) (if any): ________.
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 at the following address (the “Premises”):
________
§ 1 — INCORPORATION OF LEASE:
1.1 All Roommates agree to comply with the terms of this Agreement as well as the terms of the underlying lease or rental agreement for the Premises dated ________ with the landlord ________ (the “Lease”), a copy of which has been provided to each Roommate and is incorporated herein by reference.
1.2 If any Roommate breaches the Lease, such breach shall also be deemed a breach of this Agreement. If there is any conflict or inconsistency between this Agreement and the Lease, the Lease shall control.
1.3 Each Roommate acknowledges that any Roommate who has signed the Lease is jointly and severally liable to the landlord for the full amount of rent and other obligations under the Lease, regardless of the allocation of responsibilities among the Roommates set forth in this Agreement.
§ 2 — TERM:
2.1 This Agreement will commence on ________ and will continue until ________ (the “Term”), unless earlier terminated in accordance with this Agreement.
2.2 Upon expiration of the Term, the Roommates may renew this Agreement in writing, signed by all Roommates, for a new term.
§ 3 — TERMINATION OF AGREEMENT:
3.1 If any Roommate desires to terminate this Agreement prior to the expiration of the Term, or within the confines of an open-ended term, that Roommate must first discuss such termination with each of the other Roommates.
3.2 A Roommate may be permitted to terminate this Agreement early, subject to finding an acceptable replacement for the Premises and subject to the remaining terms and conditions of this Agreement. Early termination and release from the responsibilities contained within this Agreement is subject to the prior written consent of each of the other Roommates and, where required, the landlord.
3.3 Termination of this Agreement, whether early or upon expiration of the Term, does not relieve any Roommate of obligations owed to the landlord under the Lease unless the landlord has agreed in writing to release that Roommate.
§ 4 — SECURITY DEPOSIT:
4.1 The total security deposit for the Premises is $________ (________).
4.2 The security deposit will be split equally among the Roommates. Each Roommate will contribute the following amount: $________ (________).
4.3 If the security deposit is returned at the end of the Lease term in full, the Roommates will divide the returned deposit equally and each take their share. If the security deposit is returned less any sum withheld for unpaid rent and/or damages, the Roommates will divide the remaining amount equally among themselves. No Roommate will be held responsible for any excess share of the damages unless specifically agreed to by all of the other Roommates in writing prior to the expiration of the Lease term.
4.4 If any Roommate has caused specific damage to the Premises or has failed to pay rent or other charges, the other Roommates together may decide to allocate that portion of the security deposit withheld by the landlord against the responsible Roommate, and do not need the responsible Roommate’s permission to do so. The responsible Roommate shall remain liable for any amount in excess of their share of the deposit.
§ 5 — RENT:
5.1 The total monthly rent for the Premises is $________ (________). Rent is to be paid in full to the landlord on the following day of each month: ________.
5.2 The following Roommate will be responsible for ensuring rent is delivered properly to the landlord each month and for obtaining a rent receipt so that each of the other Roommates can confirm that rent was paid: ________.
5.3 The monthly rent will be split equally among the Roommates, with each Roommate responsible for $________ per month. Each Roommate shall deliver their share to the responsible Roommate no later than ________ of each month.
5.4 If any Roommate does not pay their portion of the rent by the date it is due, that Roommate will be responsible for any late charges assessed under the Lease and any further consequences arising therefrom, and shall indemnify the other Roommates for any such charges they are required to pay on the defaulting Roommate’s behalf.
§ 6 — UTILITIES:
6.1 The payment of utilities — regardless of which utilities the Roommates use in their living space — will be split equally among the Roommates. Examples of such utilities include, but are not limited to, gas, water, sewer, electricity, trash collection, telephone, cable, and/or internet.
6.2 The following Roommate will be responsible for managing the utility accounts and collecting each Roommate’s share of the utilities each month: ________. Each Roommate shall reimburse their share within ________ days of receiving a copy of the applicable bill.
§ 7 — EARLY MOVE-OUT:
7.1 Roommates who have signed the Lease are not permitted to terminate their tenancy in the Premises without the possibility of financial consequences, including potentially paying their share of the rent for the remainder of the Lease term, as required under the Lease and applicable law.
7.2 Roommates who are not signatories to the Lease hereby agree to provide the other Roommates not less than ________ days’ written notice prior to moving 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 is the full notice period out or a new Roommate moves in sooner.
§ 8 — DISHONORED PAYMENTS:
If any Roommate makes a payment by check, electronic transfer, or other instrument that is dishonored, returned, or drawn on insufficient funds, that Roommate will be responsible for all resulting damages, including, but not limited to, returned-item fees, bank charges, late fees, and any other miscellaneous fees, to the extent permitted by applicable law.
§ 9 — COMMON RULES:
9.1 RESPECT: The Roommates agree that they owe each other a duty of respect and hereby agree to treat each other with respect. This includes respect for each Roommate’s privacy, as well as consideration for the reasonable needs and wants of the other Roommates.
9.2 OVERNIGHT GUESTS: Although the Roommates understand that from time to time overnight guests will stay at the Premises, this privilege may not be abused. Overnight guests are not permitted to become de facto tenants by using the benefits of the Premises without contributing to rent. No guest may stay more than ________ consecutive nights without the prior consent of all Roommates.
9.3 COMMON AREAS: Roommates are expected to 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 clean up after any guests they may have.
9.4 PETS: Pets may be allowed in the Premises only if (a) permitted under the Lease and applicable law and (b) prior written consent is obtained from each and every Roommate. If any Roommate does not agree to a pet, the pet will not be permitted. The Roommate keeping a pet shall be solely responsible for any damage or charges caused by that pet.
9.5 ILLEGAL ACTIVITY: No illegal activity of any kind will be permitted in the Premises. If any Roommate is found to be engaging in illegal activity, that Roommate will be subject to termination of this Agreement and required to vacate the Premises, subject to applicable law.
9.6 QUIET HOURS: The Roommates will maintain relative quiet during reasonable hours, including late-night and early-morning hours. If any Roommate needs specific quiet at any specific time, that Roommate will coordinate with the other Roommates, and each Roommate will be reasonable about respecting the others’ need for quiet.
9.7 SMOKING: Smoking within the Premises is ________, subject to the Lease and applicable law.
§ 10 — WAIVER:
The express or implied waiver by any Roommate of any term of this Agreement on any occasion shall not waive the right to enforce that term in the future. The waiver of any term of this Agreement shall not be considered a waiver of any other term.
§ 11 — SEVERABILITY:
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Any such invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if such modification is not possible, severed from this Agreement, and the remainder of this Agreement shall continue in full force and effect.
§ 12 — DISPUTES; GOVERNING LAW:
12.1 If any dispute or disagreement arises among the Roommates concerning the terms of this Agreement or any other matter pertaining to the living arrangement, the Roommates agree to first attempt to resolve the dispute among themselves in good faith.
12.2 If self-resolution fails, the Roommates agree to submit the dispute to non-binding mediation through a neutral third-party mediator agreed upon by all parties, with the costs of mediation to be shared equally unless otherwise agreed.
12.3 If mediation is unsuccessful in resolving the dispute, the Roommates may then pursue any other remedies available to them at law or in equity.
12.4 This Agreement shall be governed by and construed in accordance with the laws of the State of ________ and any applicable federal laws, without regard to its conflict-of-laws principles. The Roommates consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, State of ________.
§ 13 — ENTIRE AGREEMENT; AMENDMENT:
13.1 This Agreement, together with the Lease, constitutes the entire agreement among the Roommates with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, whether written or oral.
13.2 This Agreement may be amended only by a written instrument signed by all Roommates. Any replacement Roommate must execute this Agreement, or a counterpart hereof, in order to be bound by and entitled to the benefits of this Agreement.
13.3 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic and digital signatures shall be deemed valid and binding to the same extent as original signatures, in accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state law.
§ 14 — NOTICES:
All notices required under this Agreement shall be in writing and delivered personally, by mail, or by electronic mail to the Roommate at the Premises or at such other address or email address as that Roommate may designate in writing.
EXECUTION
IN WITNESS WHEREOF, the Roommates have executed this Agreement as of the Effective Date first written above.
Name of Roommate: ________
Signature: __________________________________
Date: ________
Name of Roommate: ________
Signature: __________________________________
Date: ________
Name of Roommate: ________
Signature: __________________________________
Date: ________
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