Roommate Agreement

One way to clarify some of the basic issues about sharing a residence is to create a rental agreement with the roommate(s). The purpose of a rental agreement is to set up basic guidelines at the beginning of a lease that determines the responsibilities of all roommates. Disagreements can be kept to a minimum if each tenant understands his/her basic responsibilities. It is best if all roommates have signed and dated copies of the agreement. A roommate agreement is not binding on the landlord, but it is binding on the tenants who sign it. A sample roommate rental agreement is provided in the Resources section.
 

Solving Minor Problems

Personality and lifestyle clashes are common problems. If minor conflicts occur, the best solution is to negotiate one-on-one with your roommate. List the problems, what causes them, and each roommate’s various options for solution. Discuss the pros and cons of each option. Put any agreement you reach in writing, sign and date it, and post it prominently such as on the refrigerator. If necessary, attempt to seek mediation from a mutually trusted, neutral individual.
 

Solving Serious Problems

Serious roommate problems are those that threaten your health, safety, or substantially deprive you of full use of your residence. Consider your own safety first. If you feel physically threatened, leave the property immediately and call the police. Also, notify the landlord of the situation to protect yourself, your property, and other roommates. Otherwise, the first step to solving such problems is to ask roommates to stop whatever is being done.

• Offer to negotiate and work out a solution. If they ignore you or negotiation does not work, take a more formal approach: document the problem.
• Keep a complete record of roommate conflicts in a log.
• Include specific dates and notes on what was said or what happened.
• Use friends or other roommates as witnesses.
• Then, write a letter to your roommate. It should be an account of problems that have occurred and steps you have taken to resolve them. Request an end to unacceptable behavior and threaten further action if such behavior continues. Present the letter in person and keep a copy. Writing a letter to someone you live with may seem formal or embarrassing, but it may be the best way of communicating your viewpoint.

Let the Landlord Know

When a serious roommate conflict occurs, it is important to discuss it with the landlord. Send the landlord a letter that describes the problem and requests his/her help in taking action to resolve it. If the landlord responds to the letter, you will have aid in dealing with the problem. If the landlord ignores the letter, it may be more difficult for him/her to take action against you if you are forced to move out.

Keep a record of the letter on the Communications Log and send the original by certified mail with return receipt. You can ask the landlord to evict a problem roommate. A renter who threatens the health or safety of other roommates or who has broken the lease can be evicted. However, under a joint lease, the landlord would have to evict all of the roommates and sign a new lease with the remaining roommates. The landlord could also choose to evict all the roommates and not accept any back to reside at the property.

The eviction option should only be considered by tenants who have a good relationship with the landlord and who recognize the potential risks involved. Paying tenants should demand payment from delinquent roommates. The next step is to call or write their parents stating how much is owed in rent and utilities and request payment. Keep a copy of all correspondence.

NOTE:  Please be sure to check our Resources section for much more information, including additional worksheets and checklists.