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Q.Do I need a written roommate agreement?
A.Are you legally required to have a roommate agreement? No. Should you have a roommate agreement? Absolutely, even if the roommate is your best friend in the world. A written roommate agreement can prevent and settle arguments when problems arise. At the very least your roommate agreement should state:
- the amount of rent, when its due, to whom it's paid, and how it's paid;
- the term (month-to-month, 6 months, 1 year);
- the space rented (the address and which room);
- how utilities are to be shared and paid, and restrictions on the number of telephone lines;
- the amount of a security deposit, and how it will be returned;
- the penalty for late payment of the rent;
- restrictions on house guests and other house rules;
- the penalty for failing to abide by the house rules; and finally
- a statement of your mutual responsibilities to each other in the event one roommate wants to terminate the roommate relationship before the end of the agreed-upon term.
If you want to maintain the best chance of being able to evict a roommate in the future, make sure you enter into a written roommate agreement that instructs the roommate to pay you the rent, not the landlord.
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