Signing a Roommate Pre-nup
You're just graduating from college. You and your new roommate are moving into
your first off-campus apartment. Now you can just kick back, relax, and enjoy
the real world. Right? Wrong! The real world walks hand in hand with
real responsibility. Just as there are new freedoms and new opportunities,
there are also new things to consider. One thing that's incredibly helpful,
but generally overlooked, is knowing how to lay some ground rules with your new
roommate.
So you're thinking "Hey! I'm moving in with my best friend since 1st
grade! We've never had any problems getting along. We'll have a great
time!" Well, maybe so... but you can never predict what might happen once you
start sharing everything from the same kitchen to the same bath tub. Maybe
your great friend won't seem so great after she's "forgotten" to pay the rent
for the past three months. If you merely talked about who would pay what
when, and didn't write it down, you're legally up a creek. Verbal agreements
are worthless. Just watch an episode of Judge Judy. Before you end up in
small claims court, you need to make sure you have an agreement in writing so
that everyone understands what his or her responsibilities are supposed to be,
even if he or she chooses not to live up to them.
You want to make the move from campus to the real life as smooth as
possible, and one step towards smoothness is to check out Janet Portman and
Marcia Stewart's book:Quick & Legal: Renters' Rights, Nolo Press. Not only does it have great tips on dealing with roommates, but it also "gives the bottom line
on your rights as a renter, including your rights to privacy, a livable home,
the proper use of your security deposit and fair, nondiscriminatory treatment
from your landlord."
Here is what the authors suggest you put together in a written contract
before you move in with your lifelong friend: The contract should
discuss:
- RENT: Who is going to pay it, and how much are they going to pay?
- SPACE: Who gets to stay in which room?
- CLEANING: Is there going to be a set schedule? Who's responsible
for which duty?
- FOOD: Are you sharing, or do you each have your own sections of the
refrigerator?
- GUESTS: Is it okay to have boyfriends/girlfriends stay the night?
How many
times a week?
- NOISE: What time is "quiet time"?
- MOVING OUT: If one roommate decides to move out... how much notice
should they give the other(s)?
- SPATS: How will you handle disagreements? If it doesn't work out,
who has to leave?
Be careful how you present the idea of a written agreement, because it can
be misconstrued. Example:
"Hey, Before we move in I think we should have a written agreement laying
out some ground rules." (Smile.)
"What? You don't trust me? WRITTEN AGREEMENT?? I can't believe this!
Isn't my word good enough for you? Forget it, I'm not moving in. You'll
have to get another roommate because I'm never talking to you again!" (slams
the door on the way out. )
Hopefully, your new roommate won't go this ballistic, but to avoid the
possibility, stress that this contract is all about equality. Reassure
your roommate that the agreement protects her just as much as it protects you.
You and your roommate(s) should contribute equally to both creating the
agreement, and also following through with the rules.
So if you're planning on moving in with a roommate, understand you're going
to have plenty to worry about - from who buys the small stuff like dish washing
detergent and toilet paper to which one of you is going to shell out for the
vacuum cleaner. So, save yourself some stress, pick up Quick & Legal: Renters' Rights, and avoid many of the roommate issues before they become a case for
Judge Judy.
Written by Kate Kemp
