Roommates

Before considering having a roommate, you should talk to your landlord to confirm whether roommates are allowed within the terms of your lease. Once this has been established, you should become aware of the legal implications.

If only one person signs the lease, that person is solely responsible for the entire rent and other conditions of the lease, technically subletting to any other roommates.

If more than one person signs a lease, each is responsible for all the conditions outlined in the lease. This means that each tenant is responsible for all rent and any damages. So, if one person does not pay the rent, the other roommates are responsible for payment of that person’s share, or they are all subject to eviction for non-payment of rent. It is up to the other tenants, not the landlord, to collect from the non-paying tenant.

By the same token, if one tenant damages the premises, the landlord may deduct the damages from the tenants’ collective security deposit without determining or considering who caused the damage. Again, it is up to the other tenants to collect for the damages from the tenant who caused the damage.

Roommate Considerations Worksheet

Check out the guide below for some questions to ask yourself and potential roommates as you begin your search.

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Roommate Agreement

It may be wise to protect yourself and your roommates by creating a written contract that outlines each roommate's obligations. This contract should specify details such as the portion of the rent each person will pay, responsibility for damages, division of payment for utilities, duration of the rental period, responsibility for finding a replacement in case of early termination, and payment of rent until a replacement is found.

This serves as a clear delineation of the rights and responsibilities of each roommate, ensuring that everyone is aware of what is expected. You can use the sample agreement below as a guide.

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