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.
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