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Writing a roommate contract
Q: My roommate and I will be moving in together in
another month. I want to make a contract for both her and I so just in case
something happens we have it written.
Do you know what I should write in the contract? Is there a website that
would have this already written up? I really want to have one so that we
are both protected. I don't want to go to people's court or something or
be left with the rent.
Tiana
A: People's court is not a bad deal. Did you know the TV show pays the winner? That's the pay the parties get for taking their case to people's court. But, if you don't want to star in your own episode, I'd write down a contract between you and your roommate.
The article "Signing a Roommate Pre-nup" on the RENTNET® site discusses what you need to put in the contract.
The article suggests including these issues in the agreement:
- RENT: Who pays how much?
- SPACE: Who gets what room?
- CLEANING: Who cleans what when?
- FOOD: Who keeps the pantry stocked?
- GUESTS: Who can stay overnight and how frequently?
- NOISE: What time is "lights out"?
- MOVING OUT: How much notice is required?
- DISPUTES: How will you resolve them? What happens if you can't?
Depending upon how well you know your roommate or how mature you two are, you may not need to cover all of these issues in the written agreement. The contract doesn't need to be anything fancy or formal. Just write down in plain English what you and your roommate agree on. (More lawyers should try this.) In my mind, the important issues are rent, moving out notices, and overnight guests. You should also consider whose name you put on the utilities. (I learned a big lesson about this paying off a $900 phone bill at age 20.) And, you should at least discuss the other issues so you both know your expectations are the same going in.
Above all, remember that lots of problems can be solved with a little discussion, understanding and compromise. Hope this keeps you out of Judge Judy's courtroom! |
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Dealing with a deadbeat roommate
Q: A year ago I signed a rental agreement for an apartment
with a friend who needed help, had no job, and nowhere to live. We agreed
that he would get a job soon after we moved in and he would pay half the
rent, utilities and other costs. I wanted only my name on the rental agreement
since I knew I would be paying for the deposit and move in costs and the
$700 rent for sometime while he got on his feet. But, the landlord insisted
that his name be on the agreement as well since he would be living there.
Well, a year has passed and he has only paid his half for 2 months in the
past 13 months. I have paid the rest plus all utilities and groceries. I
told him he had to move out and he refused and stated that his name was
on the lease and I couldn't do anything. The rent is current so we're in
no threat of eviction. However, can I legally have him removed from the
rental agreement and evicted? I can't afford another move right now and
I really want to stay where I am but without him living there! Please help.
Paul
A: You mean you didn't write a roommate contract between the two
of you? (See the previous answer in this column.) You tried to help someone
out and, unfortunately, they took advantage of you. Now, you're in a difficult
spot.
Because your roommate is on the rental agreement, he has the legal right
to occupy the premises as much as you do. The landlord doesn't care who
pays the rent. But, the landlord did want his name on the agreement so
he could chase after both of you if someone didn't pay the rent. You can't
evict him as long as he's on the rental agreement. And, you can't evict
him because you aren't his "landlord."
If your lease has run out, or you're on a month-to-month rental agreement,
talk to your landlord. Perhaps he will write a new rental agreement with
just your name if you explain that you want your roommate to move out.
(This still probably won't get your roommate out.) Or, if you live in
a multi-unit apartment complex, maybe your landlord will let you move
to another unit. Tell him that you'll probably be forced to move if he
can't help you out. Most landlords hate to lose a good tenant.
But, the bottom line is, if you can't get your roommate to move out voluntarily,
you'll have to get him evicted legally. This may cost you more time and
money than a move unless you can navigate the legal process yourself.
You might want to look at "How Evictions Work" to see what's involved in an eviction>
Your best bet may be to tell him that either he's moving or you're moving.
Offer him some incentive to move (perhaps a cash bribe), and hope that
he takes it. Otherwise, you'll probably be better off moving yourself
than trying to get him evicted. Pursuing an eviction will most likely
be the most expensive and most aggravating way to solve your dilemma.
I don't envy you. Consider it a lesson from the cynic's school of hard
knocks.
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