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Familiarize yourself with your state's laws. Property management and real estate laws differ depending on what state -- and even city -- you live in. Write an explicit and easy-to-understand contract. Include all the stipulations that you require. Include details regarding the deposit. Consult with an attorney.
Drafting the Roommate Agreement. State your names and the address of the residence. Start the agreement by writing the names of both roommates and the complete address of the residence, including the unit number of the apartment if you are living in an apartment building. Agree on the division of the rent payment.
Standard roommate agreements are legally binding, and you can tailor them to your specific situation. Their contents can include: Names of both tenants. Specify whether you're co-tenants on the lease, or whether you're the primary tenant and the other is a roommate.
A Roommate Agreement, sometimes called a roommate contract, is a contract between individuals residing together that outlines the terms, conditions, and responsibilities for each occupant, such as rent and utility payment amounts and dates, house rules and chores, and more.
Is a roommate agreement legally binding? Most of the agreement won't be legally binding. Your landlord has no power to enforce roommate agreements, nor does the Landlord and Tenant board. But if a serious dispute arises, you could end up taking your roommate to small claims court for financial damages.
First off, unless you have an agreement in writing, you CANNOT legally charge a tenant for electricity. You also cannot “shut off” electricity or other utilities to any tenant for lack of payment. If he hasn't paid rent for the month, you can also evict him for non-payment of rent.
#1: Make Roommates Jointly Liable. #2: Don't Allow for Subleasing in Your Lease Agreement. #3: Screen Replacement Tenants the Same Way You Screen Other Tenants. #4: Name Every Tenant in the New Lease & Have Every Tenant Sign It. #5: Don't Divide Security Deposits.
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