Roommate Agreement Template - Missouri

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ROOMMATE AGREEMENT
This information is provided as a public service courtesy of:
Summit Point Apartments
504 N. E. Chipman Road, Lee’s Summit, MO 64063
www.summitpointapts.com
816-525-5255
The following is a sample Roommate Agreement that can be used by anyone who wishes to share an
apartment, or any type of residential property, as roommates. It is recommended that anyone who is
contemplating a roommate arrangement or is currently in such an arrangement, have a written roommate
agreement. It is a protection for all parties and will help to prevent disputes which might arise from the
expectations, responsibilities, and obligations of roommates to each other. For example, in the event of a
dispute over an issue that cannot be resolved, the Agreement can be used in mediation or in small claims
court if it is a financial dispute. Once signed by each roommate, the Agreement becomes a legally binding
document. Each signatory to the agreement should have their signature witnessed by someone other than
their roommate(s). A roommate agreement is a contract between the roommates themselves and does not
involve the Landlord. Roommates’ obligations and responsibilities to the Landlord, for the premises they are
renting, are contained in the Lease Agreement or Rental Agreement that is entered into with the Landlord.
All parties should make sure they read and understand what is contained in the Landlord’s lease before they
sign it and before entering into any type of roommate agreement. The Lease contains various tenant
obligations and responsibilities. The parties should determine whether there is a joint and several liability
clause in the Lease Agreement, pet policies, whether or not guests are allowed and other terms and
conditions that affect occupancy. For example: a “joint and several liability” clause makes every signor
of the Lease or Rental Agreement responsible for the entire amounts due and owing. What this means is
that each tenant is individually responsible for all of the rent, other charges, and for all of any damages that
occur regardless of the means that the tenants (roommates) use to divide the rent among themselves and
regardless of which tenant (roommate) actually causes the damage. If one person does not pay the rent, the
other roommates are liable to the Landlord 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 tenant (roommate), not the landlord, to collect from the
non-paying tenant (roommate). This means that if a roommate deserts the premises, or damage the premises
beyond repair, the Landlord can sue all roommates, or just the remaining roommate, and just the remaining
roommate would liable for the entire amounts due and owed. If one or more roommates have a Lease
Guarantor or Co-Signor, they are also liable.
Roommates should have a written roommate agreement in effect immediately after or concurrently with the
signing of a Lease. It is best not to have verbal agreements. Verbal agreements are hard to prove and may not
be legally defensible or enforceable.
A note regarding security deposits: Security deposits can be a special problem in shared housing. Landlords
are seldom willing to inspect the premises whenever one person leaves a shared premises. They often hold
the total security deposit(s) until all original signers have vacated. Therefore roommates need to reach their
own agreement about how they will handle the return of individual shares of the deposit(s). The same applies
to utility deposits.
The Sample Roommate Agreement that follows is not intended to be all encompassing. Potential roommates
who are contemplating such an agreement can modify, add, or delete clauses to meet their particular needs.
Anyone wishing to use the format below may modify, copy, or print the document. If a format is used where
blank spaces are left to write in, all parties to the agreement, who hand write or print information in the
spaces should initial by each place something is handwritten. This is to protect against anyone writing in
something that was not agreed later to by all the parties who sign the agreement. All signors should have a
final copy for their file.
1
ROOMMATE AGREEMENT
This information is provided as a public service courtesy of:
Summit Point Apartments
504 N. E. Chipman Road, Lee’s Summit, MO 64063
www.summitpointapts.com
816-525-5255
The following is a sample Roommate Agreement that can be used by anyone who wishes to share an
apartment, or any type of residential property, as roommates. It is recommended that anyone who is
contemplating a roommate arrangement or is currently in such an arrangement, have a written roommate
agreement. It is a protection for all parties and will help to prevent disputes which might arise from the
expectations, responsibilities, and obligations of roommates to each other. For example, in the event of a
dispute over an issue that cannot be resolved, the Agreement can be used in mediation or in small claims
court if it is a financial dispute. Once signed by each roommate, the Agreement becomes a legally binding
document. Each signatory to the agreement should have their signature witnessed by someone other than
their roommate(s). A roommate agreement is a contract between the roommates themselves and does not
involve the Landlord. Roommates’ obligations and responsibilities to the Landlord, for the premises they are
renting, are contained in the Lease Agreement or Rental Agreement that is entered into with the Landlord.
All parties should make sure they read and understand what is contained in the Landlord’s lease before they
sign it and before entering into any type of roommate agreement. The Lease contains various tenant
obligations and responsibilities. The parties should determine whether there is a joint and several liability
clause in the Lease Agreement, pet policies, whether or not guests are allowed and other terms and
conditions that affect occupancy. For example: a “joint and several liability” clause makes every signor
of the Lease or Rental Agreement responsible for the entire amounts due and owing. What this means is
that each tenant is individually responsible for all of the rent, other charges, and for all of any damages that
occur regardless of the means that the tenants (roommates) use to divide the rent among themselves and
regardless of which tenant (roommate) actually causes the damage. If one person does not pay the rent, the
other roommates are liable to the Landlord 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 tenant (roommate), not the landlord, to collect from the
non-paying tenant (roommate). This means that if a roommate deserts the premises, or damage the premises
beyond repair, the Landlord can sue all roommates, or just the remaining roommate, and just the remaining
roommate would liable for the entire amounts due and owed. If one or more roommates have a Lease
Guarantor or Co-Signor, they are also liable.
Roommates should have a written roommate agreement in effect immediately after or concurrently with the
signing of a Lease. It is best not to have verbal agreements. Verbal agreements are hard to prove and may not
be legally defensible or enforceable.
A note regarding security deposits: Security deposits can be a special problem in shared housing. Landlords
are seldom willing to inspect the premises whenever one person leaves a shared premises. They often hold
the total security deposit(s) until all original signers have vacated. Therefore roommates need to reach their
own agreement about how they will handle the return of individual shares of the deposit(s). The same applies
to utility deposits.
The Sample Roommate Agreement that follows is not intended to be all encompassing. Potential roommates
who are contemplating such an agreement can modify, add, or delete clauses to meet their particular needs.
Anyone wishing to use the format below may modify, copy, or print the document. If a format is used where
blank spaces are left to write in, all parties to the agreement, who hand write or print information in the
spaces should initial by each place something is handwritten. This is to protect against anyone writing in
something that was not agreed later to by all the parties who sign the agreement. All signors should have a
final copy for their file.
1
ROOMMATE AGREEMENT
This is a legally binding agreement. If you do not understand it, seek legal counsel.
This agreement is between: ______________________ and ______________________
(add the names of the roommates who will be a party to the agreement, if more than two add all names),
hereinafter known as “roommates or parties” for the premises known as:
_________________________________________. (example: Apartment No. 1, 500 N. E. Chipman Road,
Lee’s Summit, MO, 64063)
A. Lease or Rental Agreement for the premises.
1. The roommates hereby acknowledge that they have signed a Lease or Rental Agreement with
______________________________, (insert the name of the Landlord) the Landlord of the aforesaid named
premises. Each roommate stated above agrees to faithfully abide by all the terms and conditions of the Lease.
The Lease Agreement commenced on______________, 200___and terminates on______________,200___.
2. The roommates acknowledge that this Roommate Agreement shall exist alongside the Lease Agreement
for the premises, which contains all the terms and conditions of occupancy. This Roommate Agreement does
not in any way, nor shall it be construed to replace, modify, or amend any of the rights, terms, conditions,
and obligations which are contained in the Lease. This Agreement is only between the parties named above
in Paragraph 1. (For legal reasons, this clause should not be a modified version or deleted)
3. The signing of this Roommate Agreement does not amend, replace or alter in any way, the joint and
several liability of the tenants under the Lease Agreement with the Landlord.
4. This Agreement may be used to settle a dispute among the roommates in mediation or in a court of law, if
such dispute cannot be settled directly by the roommates.
B. Rent, Fees, and Other charges.
1. The monthly rent and other charges for the premises at the address above is:
a. Premises: $________
b. Pet Rent $________
c. Storage $________
c. Other $________ (such as utilities billed by the Landlord). Total monthly $________
2. The roommates agree that they will share rent, pet rent, and storage rent (as applicable) in the following
way:
Name:
Roommate (%) Share of monthly rents
(list names of roommates)
(Record the % share each will pay)
3. All roommates agree that if any act or failure to act by any of them results in late fees or costs for failure
to pay rent, including Landlord’s costs of collection, that the roommate(s) who paid late or who did not pay
rent will be jointly and severally responsible for all costs and fees of the other roommate(s) who paid on
time.
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4. The roommates agree that ______________________will be responsible for collecting each roommate’s
share of the rent and forwarding to the Landlord as specified in the Lease Agreement.
5. The roommates agree that ___________________will be responsible for organizing and keeping records
of rent and other occupancy payment information.
C. Security Deposit (s).
1. The security deposit(s) required under the Lease are contained in the Lease. The roommates agree to share
the security deposit(s) in the following manner:
Name:
Roommate (%) Share of Security Deposit(s)
(list names of roommates)
(Record the % share each will pay)
D. Utilities and Renters Insurance.
1. The parties to this agreement agree that they have a responsibility to pay their share of all utilities not
included in the rent that is paid to the Landlord.
2. The parties understand that if a roommate does not pay his/her share of a utility bill, the other or others
must pay that person’s share or the utility may be shut off by the utility company. Each party to this
agreement agrees that if the other roommate(s) have to pay his/her share of a utility bill, she or he will
reimburse the other roommate as quickly as possible. Each roommate agrees to pay his or her full share of
any outstanding utility bill by the time she or he moves out of the premises, or once the last bill for which
he/she is liable is issued by the utility.
3. Copies of all bills shall be provided for inspection to any other roommate who requests to see the bills. All
bills will be kept in a safe place, that is agreed upon by all roommates, to make sure they are available in case
of a dispute or if one or more roommates are out of town and the remaining roommate(s) have to pay a bill.
4. Renters Insurance: Tenants personal property and effects are not covered under a Landlord’s property
insurance. Roommates _____will _____will not purchase renters insurance to cover their personal property
in the event of fire, water damage, or natural disaster.
Roommate name____________________ ___will purchase renters insurance ___will not purchase.
Roommate name____________________ ___will purchase renter’s insurance ___will not purchase.
5. The responsibilities for utilities and other occupancy expenses are as follows:
Item:
Account in the
Amt of Deposit Deposit paid by
How bill
Roommate
name of:
$
is shared
responsible for
%
payment
Gas
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Electricity
Water
Trash
Telephone
Internet
Newspaper
Cable TV
Other:
If a phone is shared, how will unclaimed telephone calls be paid? ___________________________________
E. GENERAL TERMS, CONDITIONS, AND RULES:
1. All roommates agree to be reasonable and civil in their dealings with each other and to refrain from any
behavior, action, or inaction that they know or should have reason to know will significantly interfere with
other roommates’ enjoyment of their tenancy. All roommates agree to discuss openly and unemotionally all
concerns before problems arise. All roommates agree to negotiate in good faith should a dispute or difference
of opinion occur. All roommates will respect each others’ privacy, sleep schedules, and other requests that
are not unreasonably burdensome.
2. Despite the best intentions of the roommates that they live in an environment free from stress and conflict,
they acknowledge that conflicts may arise from time to time. Some areas where conflicts can come up
include, but are not limited to, smoking, use of alcohol and other drugs, illegal activities, use of electronics
(stereos, TV, computer gaming), quiet hours for reading or studying, use of personal property, behavior of
friends and guests, and parking, if applicable. The roommates agree on the these as follows:
a. Smoking: All roommates understand that smoking and inhalation of second hand smoke are serious
threats to health and safety, which may give rise to claims of liability for personal injury, and may
aggravate medical conditions of any roommate. Accordingly, all roommates agree that smoking:
_______will not be permitted on the premises _______will be permitted on the premises.
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b. Alcohol: All roommates agree that alcohol will be permitted on the premises subject to the following
conditions:
________________________________________________________________________ or:
(b) (1) All roommates agree that alcohol will not permitted on the premises by any roommate or
guests of roommates._____
c. Non-prescription drugs: All roommates agree that the use of illegal drugs on the premises will not
be allowed under this agreement and in accordance with the Lease agreement with the Landlord.
d. Firearms: All roommates agree that firearms will not be kept on the premises.
e. Illegal activities: All room mates agree that they will not engage in any illegal activities while on the
premises and in accordance with the Lease Agreement with the Landlord.
f. Quiet Hours: All roommates agree to observe quiet hours for sleep, study, and other purposes on the
days and times listed here. And to abide by all terms that might be contained in the Lease Agreement
regarding noise. Accordingly, all roommates agree to maintain a noise level on the premises that will
permit other roommates the ability to enjoy the use of their private space. If the noise level is such that
quiet enjoyment is not possible, the roommate(s) responsible for the noise will not refuse a reasonable
request to adjust the noise level such that the requesting roommate can enjoy the use of his or her private
space.
Quiet Days: M ___
T ___
W___
Th___
Fri___
Sat___
Sun___
Quiet Times:
h. Guests: Any roommate intending to have a guest stay overnight must obtain permission from the
other roommate(s) prior to stay. Each roommate is responsible for the behavior of her or his guests. Guest
will not unreasonably disturb other roommates. Guest must stay in the bedroom of the roommate who
invited them, unless all other roommates agree that the guest may stay in a shared area. The roommates
agree to follow the Lease Agreement along with any rules and regulations contained therein with regard
to guests.
(1) The roommates further agree that overnight guests will be permitted on the following basis:
(a) If at any time the guest substantially interferes with the comfort, safety, or enjoyment of the other
roommate(s), any roommate may revoke said guest’s visitation by expressly informing the host roommate
and/or the guest that the guest’s permission to stay in the premises has been revoked, along with the
reason(s) for this revocation. After said guest and/or the host roommate have been so informed, the guest,
will be expected to promptly vacate the premises (the rental dwelling).
(b) Any amendment or alteration of the guest policy as outlined by this Agreement will be in writing
and signed by the roommates.
i. Use of Personal Property: Property deemed personal in nature includes all property, including
clothing, in each roommate’s bedroom which belongs to that roommate. All roommates agree to refrain
from borrowing the personal goods of any other roommate(s), without approval. Exceptions to this rule
should be clearly stated, with the roommates reserving the right to change their minds about the sharing
of their personal property. If damage is done to personal property, the roommate responsible for the
damage will be held liable. The roommates will make a list of other property that might be owned by a
roommate or jointly owned and any conditions for use of those items. Those items include:
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