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Roommate Agreement Template

The national rules every roommate agreement rests on: what the agreement can and cannot do, where a handful of states add real rights, and where state law stays silent.

Find out where you stand — what state are you in?

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Introduction

A roommate agreement is a private contract between co-tenants, not a lease. It does not bind the landlord, does not add or remove anyone from the lease, and does not change what the lease itself says. What it does is settle the things most leases never address: how rent gets covered if one roommate falls behind, how a shared security deposit gets divided, whose chores are whose, and what happens if a roommate needs to be replaced. State law on these questions varies more than most guides admit, and not evenly. Most states, Florida among them, have no roommate-specific statute at all, so the written agreement is the only thing governing the arrangement. A minority have real roommate law: California lets an owner-occupier remove a single lodger without a court eviction, New York's Roommate Law voids lease clauses that try to restrict occupancy to named tenants, and Washington gives a roommate who has coresided for six months a statutory right to apply to join the lease if the original tenant permanently moves out. Layered on top of all of this, city ordinances in places like San Francisco, New York City, Seattle, Chicago, and Austin often matter more than the state statute itself. Use your state's page for the specific rule and the citation behind it; this page covers what stays true everywhere.

Key Things to Know

  1. 1

    A roommate agreement is a contract between co-tenants only. It does not bind the landlord, does not modify the lease, and does not give either roommate any right against the landlord that the lease itself does not already give.

  2. 2

    Most states have no roommate-specific statute at all. Florida is the clearest example: its landlord-tenant law never uses the words roommate, cotenant, or sublet, so in states like it, the written agreement is the only thing governing the arrangement.

  3. 3

    A minority of states have real roommate law. California lets an owner-occupier remove a single lodger without a court eviction, New York's Roommate Law voids lease clauses restricting occupancy to named tenants, and Washington gives a roommate who coresided six months a statutory right to apply to join the lease when the original tenant permanently moves out.

  4. 4

    City ordinances often matter as much as, or more than, state law. San Francisco, New York City, Seattle, Chicago, and Austin all layer additional roommate or subletting rules on top of their state's statute, so checking only the state law can miss the rule that actually applies.

  5. 5

    Removing an unwanted roommate almost always requires the landlord to file a formal eviction. Self-help removal, such as changing locks or removing belongings, is illegal in nearly every state and can expose the person who does it to damages; a lodger-style exception, where one exists, is narrow and state-specific.

  6. 6

    Whether a roommate is a co-tenant on the lease or only an occupant or subtenant of the original tenant depends on the paperwork with the landlord, not on the roommate agreement, and that status decides who has rights against whom if the arrangement breaks down.

  7. 7

    Most states set no default for splitting a security deposit or dividing rent liability among roommates when one falls behind or moves out. Where state law is silent, and it usually is, the written roommate agreement is what actually controls.

Key Decisions

Who Is Signing and What They Share

Money

Moving Out and Replacements

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ROOMMATE AGREEMENT

This Roommate Agreement ("Agreement") is entered into by the following individuals (each a "Roommate," together the "Roommates"), who share the residence described below:

ROOMMATE 1 NAME, ROOMMATE 2 NAME, ROOMMATE 3 NAME

This Agreement is a private contract among the Roommates only. It is not a lease. It does not bind the landlord or property owner ("Landlord"), does not modify the lease or rental agreement between the Roommates and the Landlord ("Lease"), and does not obligate the Landlord to recognize any Roommate as a tenant, accept a new occupant, or take any action the Lease does not already require. Where this Agreement and the Lease conflict, the Lease controls the Roommates' relationship with the Landlord, and this Agreement controls only the Roommates' relationship with each other.

  1. PARTIES AND PREMISES

This Agreement applies to the residence located at [PROPERTY ADDRESS] (the "Premises"). The Roommates occupying the Premises are listed above. [NUMBER] of the Roommates are signers on the Lease with the Landlord, and [NUMBER] are not. Each Roommate's status is as follows: [DESCRIBE WHICH ROOMMATES ARE ON THE LEASE AND WHICH ARE NOT]. A Roommate who is not a signer on the Lease has no direct legal relationship with the Landlord, and this Agreement does not create one.

  1. TERM AND MOVE-OUT NOTICE

This Agreement begins on [START DATE] and continues until the underlying Lease ends, is terminated by agreement of the Roommates, or a Roommate moves out under this section, whichever happens first. A Roommate who intends to move out before the end of the Lease term must give the other Roommates at least [NUMBER] days' written notice. The departing Roommate remains responsible for their share of rent and shared expenses through the later of the end of the notice period or the date a replacement Roommate approved under Section 12 begins paying rent. Nothing in this section changes any Roommate's separate obligations to the Landlord under the Lease.

  1. RENT

Total monthly rent for the Premises is $[TOTAL RENT AMOUNT], due to the Landlord on the [DAY] of each month. Each Roommate's monthly share:

Rent is paid to the Landlord by [NAME OF ROOMMATE WHO PAYS LANDLORD DIRECTLY, OR DESCRIBE HOW EACH ROOMMATE PAYS THE LANDLORD DIRECTLY]. Each Roommate must deliver their share to the paying Roommate, or pay the Landlord directly, no later than [NUMBER] days before the rent due date. A late Roommate owes the others for any late fee or other cost the late payment causes, in addition to their own rent share.

The Lease determines each signer's legal liability to the Landlord for the full rent amount, and this Agreement does not change that liability. Whether the Roommates' promise to the Landlord is several or joint and several depends on the Lease and on the law of the state where the Premises is located; this Agreement does not override that law, and a Roommate should not assume a limited-liability outcome without checking the Lease. As between the Roommates only, each Roommate is responsible for their own share listed above, and a Roommate who pays more than their share because another Roommate failed to pay is entitled to reimbursement under Section 13.

  1. SECURITY DEPOSIT

The Roommates contributed to the security deposit held by the Landlord as follows:

How the Landlord holds, accounts for, and returns the deposit is governed by the Lease and by the law of the state where the Premises is located, not by this Agreement. This Agreement covers only how the Roommates divide the deposit among themselves. When a Roommate moves out before the end of the Lease, the remaining Roommates and the departing Roommate will handle that Roommate's share as follows: [DESCRIBE, FOR EXAMPLE, WHETHER THE DEPARTING ROOMMATE IS REPAID BY THE REMAINING ROOMMATES OR MUST WAIT FOR THE LANDLORD'S FINAL ACCOUNTING]. When the Lease ends and the Landlord returns the deposit, any deductions for damage are allocated as follows: [DESCRIBE, FOR EXAMPLE, BY ROOM, BY EQUAL SHARE, OR BY RESPONSIBLE PARTY]. A Roommate responsible for damage beyond normal wear and tear pays for that damage regardless of the general allocation method chosen.

  1. UTILITIES AND SHARED EXPENSES

The following utilities and recurring shared expenses apply to the Premises, along with the account holder and the split among the Roommates:

  • Electricity: account holder [NAME], monthly amount $[AMOUNT], split [SPLIT]
  • Gas: account holder [NAME], monthly amount $[AMOUNT], split [SPLIT]
  • Water and Sewer: account holder [NAME], monthly amount $[AMOUNT], split [SPLIT]
  • Internet: account holder [NAME], monthly amount $[AMOUNT], split [SPLIT]
  • Other: [DESCRIBE], account holder [NAME], monthly amount $[AMOUNT], split [SPLIT]

The account holder for a utility must keep that account current and forward bills to the others promptly. Each Roommate must pay their share within [NUMBER] days of receiving the bill. A shared household purchase over $[AMOUNT] (for example, cleaning supplies, shared furniture, or a repair not covered by the Landlord) requires advance agreement of all Roommates unless this Agreement already assigns it to a specific Roommate.

  1. HOUSEHOLD GOODS

Furniture, appliances, and other items each Roommate is bringing to the Premises, and whether they will remain with that Roommate or be treated as shared property available to a replacement Roommate, are listed below:

  • [ITEM]: brought by [ROOMMATE NAME]; [OWNERSHIP STATUS AND WHAT HAPPENS ON MOVE-OUT]
  • [ITEM]: brought by [ROOMMATE NAME]; [OWNERSHIP STATUS AND WHAT HAPPENS ON MOVE-OUT]

Items purchased jointly during the term of this Agreement are jointly owned unless the Roommates agree otherwise in writing at the time of purchase. On move-out, a departing Roommate may remove their own property within [NUMBER] days of leaving. Property left beyond that period may be treated as abandoned and disposed of by the remaining Roommates, except that no Roommate may dispose of another Roommate's property as a means of forcing that Roommate out; see Section 12 on the limits of self-help.

  1. GUESTS AND OVERNIGHT VISITORS

A guest may stay overnight for up to [NUMBER] consecutive nights, and no more than [NUMBER] nights total in any calendar month, without the advance consent of the other Roommates. A guest staying beyond these limits requires the advance agreement of the other Roommates and may require the guest to be added to the Lease as an occupant under the Lease's own terms. A Roommate is responsible for their guest's conduct and for any damage or cost the guest causes. Overnight guests should not be treated as an additional occupant for purposes of splitting rent or expenses unless the Roommates agree otherwise in writing.

  1. QUIET HOURS, SMOKING, ALCOHOL, AND CANNABIS

Quiet hours at the Premises are from [START TIME] to [END TIME] on [DAYS OF THE WEEK]. During quiet hours, Roommates and guests must keep noise, including music, television, and conversation, at a level that does not disturb others in the Premises or neighboring units.

Smoking inside the Premises is [PERMITTED / NOT PERMITTED]. [IF PERMITTED, DESCRIBE WHERE]. This section covers tobacco only unless the Roommates specify otherwise below.

Alcohol use in common areas is [PERMITTED / NOT PERMITTED, OR DESCRIBE ANY LIMITS].

Cannabis use, whether smoked, vaporized, or consumed, is [PERMITTED / NOT PERMITTED, OR DESCRIBE ANY LIMITS]. Cannabis use and possession is subject to the law of the state and locality where the Premises is located, and this Agreement does not authorize any use that state or local law prohibits. The Lease may separately prohibit smoking or cannabis use regardless of what the Roommates agree here, and the Lease controls if the two conflict.

  1. PETS

The following pets are permitted to live at the Premises, subject to the Lease's own pet terms and any pet deposit or pet rent the Lease requires:

  • [PET DESCRIPTION], owned by [ROOMMATE NAME]

A Roommate bringing a new pet into the Premises after the date of this Agreement must get the advance written consent of the other Roommates and must confirm the pet is permitted under the Lease. The owner of a pet is solely responsible for that pet's care, supervision, and any damage or cost the pet causes, including any pet-related charge the Landlord assesses.

  1. CLEANING AND CHORES

Common areas, meaning [DESCRIBE, FOR EXAMPLE, KITCHEN, LIVING ROOM, BATHROOMS, AND SHARED HALLWAYS], are cleaned according to the following schedule:

  • [CHORE]: assigned to [ROOMMATE NAME] on [FREQUENCY]
  • [CHORE]: assigned to [ROOMMATE NAME] on [FREQUENCY]

Each Roommate is responsible for cleaning their own private bedroom and bathroom, if any. Chore assignments may rotate as described here: [DESCRIBE ROTATION, IF ANY]. A Roommate who consistently fails to complete assigned chores may be required to pay for a cleaning service under the dispute resolution process in Section 13.

  1. PARKING AND STORAGE

Parking spaces or areas assigned to the Premises are allocated as follows: [DESCRIBE SPACES AND WHICH ROOMMATE USES EACH]. Shared storage areas, such as a garage, shed, or storage unit, are allocated as follows: [DESCRIBE]. A Roommate may not use another Roommate's assigned space without consent. Any cost associated with parking or storage, such as a permit fee or storage rental, is split as follows: [DESCRIBE SPLIT].

  1. ROOMMATE REPLACEMENT

If a Roommate moves out before the end of the Lease term, the remaining Roommates may seek a replacement Roommate. Any replacement Roommate must be approved in advance, in writing, by [ALL REMAINING ROOMMATES / A MAJORITY OF REMAINING ROOMMATES], and, separately, by the Landlord to the extent the Lease requires Landlord consent for a new occupant or a change in who is on the Lease. This Agreement does not give any Roommate a right to add an occupant that the Lease and applicable state or local law do not already provide, and it does not require the Landlord to accept a replacement Roommate. Once a replacement Roommate is approved and begins paying rent, that person signs this Agreement, or a successor agreement, and assumes the departing Roommate's rights and duties going forward. The departing Roommate remains responsible for amounts owed through the date of departure as described in Section 2.

Removing a Roommate who does not want to leave, whether or not that Roommate is on the Lease, is not addressed by this Agreement and is not something the remaining Roommates may accomplish on their own. Removal of an occupant generally requires a formal legal process under the law of the state and locality where the Premises is located, and the specific procedure, timeline, and who may use it varies by state. This Agreement does not override that law. No Roommate may change the locks, remove another Roommate's belongings, shut off utilities to force a Roommate out, or otherwise attempt to remove a Roommate through self-help; doing so is generally unlawful regardless of who is or is not named on the Lease and may expose the Roommate who does it to legal liability. A Roommate seeking to remove another Roommate should consult the requirements that apply in their state and locality, and consider speaking with a local attorney or tenant assistance organization before taking action.

  1. DISPUTE RESOLUTION

The Roommates will first attempt to resolve any dispute about this Agreement, including a dispute over unpaid rent, shared expenses, damage, or chores, by direct discussion. If direct discussion does not resolve the dispute within [NUMBER] days, the Roommates agree to [DESCRIBE NEXT STEP, FOR EXAMPLE, A WRITTEN MEDIATION REQUEST OR A HOUSE MEETING WITH A NEUTRAL THIRD PARTY]. A monetary dispute not resolved through this process may be brought in small claims court or another court of competent jurisdiction where the Premises is located. Nothing in this section limits a Roommate's right to seek a legal remedy against another Roommate, or applies to any right or process a Roommate has against the Landlord under the Lease.

  1. RELATIONSHIP TO THE LEASE

This Agreement is subordinate to the Lease. It does not modify, supersede, or override any Lease term, and it creates no obligation for the Landlord. The Roommates acknowledge that:

  • This Agreement does not bind the Landlord and is not enforceable against the Landlord.
  • If a term of this Agreement conflicts with the Lease, the Lease controls the Roommates' relationship with the Landlord.
  • Whether a new occupant may be added, whether a Roommate may be removed, how a security deposit is handled, and whether Roommates are jointly and severally liable for rent all depend on the Lease and on the law of the state and locality where the Premises is located. This Agreement does not state that law and does not override it. Roommates should confirm the rules that apply in their specific state before relying on any provision above that assumes a particular outcome.
  • Each Roommate remains bound by every obligation the Lease imposes on them individually, regardless of anything in this Agreement.
  1. AMENDMENT AND SIGNATURES

This Agreement may be amended only in writing, signed by all Roommates then party to it. This Agreement may be signed in counterparts, including electronically, each of which is an original, and all of which together form one Agreement.

By signing below, each Roommate agrees to the terms of this Agreement.

ROOMMATE 1 NAME Signature: _________________________ Date: [DATE]

ROOMMATE 2 NAME Signature: _________________________ Date: [DATE]

ROOMMATE 3 NAME Signature: _________________________ Date: [DATE]

This Roommate Agreement is general information, not legal advice. It does not bind the landlord and does not modify the Lease. State and local law may add requirements or rights not reflected here; attorney review is available.

Frequently Asked Questions

A roommate agreement is a private contract between the people sharing a home, covering how rent and expenses split, chores, guests, quiet hours, and what happens if someone moves out or stops paying. It is not a lease, and it does not involve the landlord.

No. A roommate agreement is a contract between co-tenants only. It cannot add or remove anyone from the lease, cannot bind the landlord, and cannot override what the lease itself says about who may occupy the unit or who owes rent.

In nearly every state, no. Removing a roommate who will not leave almost always requires the landlord to file a formal eviction, and self-help removal, such as changing locks or removing belongings, is illegal in most states and can expose the person who does it to damages. A small number of states, California among them, have a narrow exception for one specific situation, but that exception is not the general rule.

It depends on the paperwork with the landlord, not on the roommate agreement. A roommate named directly on the lease is typically a co-tenant with obligations to the landlord; a roommate who only has an arrangement with the original tenant is usually an occupant or subtenant with no direct relationship to the landlord. Check the lease itself, since this varies by state and by paperwork.

It depends on the lease and, in some states, on general contract law, not on one uniform national rule. Several states have no statute addressing joint and several liability among roommates at all, which means the lease controls what the landlord can collect, and the roommate agreement should state clearly how the roommates divide that responsibility among themselves.

Most states regulate only how a landlord holds and returns a deposit, not how roommates divide it among themselves when one of them moves out. Where state law is silent, which is most of the time, the written roommate agreement is what actually governs the split.

Occasionally. Most states leave this entirely to the lease and the landlord's consent, but a handful of states have a statute that overrides a restrictive lease clause, such as a law letting a tenant add one additional occupant despite what the lease says. Some cities layer their own version of this right on top. Check the specific rule where you live rather than assuming one applies.

Often, yes. In several major cities, including San Francisco, New York City, Seattle, Chicago, and Austin, a local ordinance adds rights or procedures that do not exist anywhere else in the state, covering things like adding a roommate, subletting, or how a departing roommate gets replaced. Always check whether your city has its own rule layered on top of the state one.

Roommate Agreement Template - DocDraft