What Is a Roommate Agreement?
A roommate agreement is a legal document that spells out certain details about how the people sharing a home, be it an apartment or a house, will function. Because many people live with roommates at some point in their lives, having this type of agreement is essential. If all the individuals are listed on the lease for the residence, then they have their own legal rights to the residence as individuals. However, there is nothing in the Florida landlord-tenant law that truly protects roommates.
Having a roommate agreement in place can be crucial. It is very difficult to evict one person from a residence when everyone is on the same lease agreement. When there is a falling out between any of the parties, the landlord needs to be involved. If there is a problem with rent, the landlord is legally within his or her rights to request all the rent from all the parties on the lease. With a roommate agreement , you are more protected as an individual. Having an agreement in place also provides a framework for who is paying what bills and how incidents that occur while living there will be handled.
Even in a lease situation, there are many things not discussed. Roommate agreements tend to cover much more than even lease agreements do. The following things may be included in a roommate agreement: In addition, issues that are specific to the individuals need to be addressed. For example, if one individual frequently has pets, that should be mentioned. Imposing quiet hours or bedtime hours, as well as space and privacy issues, should be addressed as well.
Roommate agreements require consideration to be a legal document. Having something in exchange for the terms of the agreement is needed. Not honoring the roommate agreement could be grounds for one of the people to vacate the residence.
The Legal Basis For Roommate Agreements In Florida
The term "roommate agreement" does not appear in any of Florida’s statutes. Such agreements are not recognized by the law as having an enforceable written component. Under Florida law, a roommate agreement is typically a verbal understanding or oral contract between specific parties to a tenancy. Primarily, they are the type of contracts we all have in our daily lives and often are either honored or simply overlooked by those involved.
Specific elements of an enforceable rental contract in Florida are governed by the Florida Landlord and Tenant Act, a set of laws that defines the rights and responsibilities of tenants ("leaseholders") and landlords. The landlord-tenant relationship is governed at common law based on a fairly extensive body of case law, and many of these common law decisions find their way into the Florida Residential Landlord and Tenant Act under various provisions.
The Florida Residential Landlord and Tenant Act is contained in Chapter 83 of the Florida statutes. Tenants who reside in the State of Florida, overlap of similar jurisdictions, and hold possession of a unit primarily for personal reasons are generally considered subjects covered by the act.
Roommate agreements in Florida touch upon several of the provisions contained in the law. For example – the Florida Residential Landlord and Tenant Act defines a security deposit and contains a detailed index of the lawful basis upon which a landlord may retain all or part of said security deposit. A roommate agreement that defines the amount of a security deposit and details the lawful eventuality upon which the remainder of it (if any) is ultimately returned to a tenant is a useful tool in promoting the peace and welfare of each party in the agreement. Such documents will specify the beginning as well as ending date of the agreement or define the time period in which the agreement will last. Roommate agreements may also address the division of utilities as well as basic cleaning responsibilities between willing tenants.
Roommate Agreement Essentials
A well-written Florida roommate agreement should address some or all of the following points:
- Rent: Who is responsible for the rent and what is each roommate’s share? To alleviate any issues, we recommend that the rent be set as an even split, as opposed to basing it on square footage, and that the payment be made to the landlord by a single individual or via a single online transfer that each roommate reimburses (latest date of a $50/month check if no one pays on time). If at any point a roommate doesn’t pay rent and a landlord evicts the entire lease holder group as a result, then each roommate is exposed to future landlord-tenant liability in that situation.
- Utilities: In today’s world of technology, you may not even need cable or internet in your residence and many cell phone plans cover those needs. But, if they are necessary, you should specify who is responsible for them and how payment is divided. If multiple people are on the account or bill, and one parties fails to pay their portion, you need to understand that any creditor could seek collection from any one or all of the individual account holders.
- Household responsibilities: Assigning chores to each roommate will ensure that no single person bears the burden of keeping the apartment or house tidy. Any specification on chores, whether even like taking out the trash or mowing the lawn, or odd jobs as they arise will help to keep everyone happy and prevent any unnecessary conflict down the line.
- Conflict resolution: The Florida Small Claims Court handles a lot of roommate dispute cases. This is a terrible place to be in with someone you used to know, especially if you have mutual friends and the potential to ruin a friendship entirely. A conflict resolution system is always best for normal problems: houseguest invited by one roommate but the other dislike them; one the verge of not paying rent on time but just needs short grace period (2 weeks); one brings home a dog or cat but the others don’t want that pet, etc. All of that is amendable via a roommate addendum to the contract by all parties when there is an agreement on the resolution. It is when one person objects to the resolution of that type of situation that you end up with a small claims court case. Mediation may be necessary in some distressed situations. Still, we suggest that you provide for either party to leave the contract without notice or penalty up to the period of time required by Florida Statute Section 83.03(7), which is a 60-day notice unless a shorter period is otherwise provided by the contract, or to use the same procedures in Chapter 83, Florida Statutes, applicable to landlords and tenants instead of creating this conflict resolution process.
Once you get past the initial roommate conflict over house rules, then you can get back to having fun, or at least splitting the work!
How To Negotiate A Roommate Agreement
Negotiating a roommate agreement can be a complex process. Typically, having ground rules in place can help establish clear communication with your roommate. Be sure to state what you expect from your roommate and be open to likewise hearing and addressing his or her concerns. It is important that agreements are documented in writing and signed by both parties. One of the benefits of putting terms in writing is that a written agreement serves as a record of a mutual understanding. "Mutual understanding" is an important concept because it helps to ensure that both parties are on the same page. While verbal agreements are easier to both get into and get out of because they are just that – verbal (not written) agreements – enforcing a verbal agreement is difficult. Furthermore, enforcement of an oral agreement can be more costly and time consuming for all parties. Common areas of negotiation concern rent and household chores. Straightforward communication is essential in arriving at a fair agreement. When it comes to understanding how to negotiate ground rules with roommates, follow these tips: Establishing clear communication with your roommate(s) is essential to living harmoniously. Addressing expectations upfront can help prevent problems from occurring down the line.
Enforcement Of A Roommate Agreement
Having a signed roommate agreement can be helpful if one of the parties is not complying with its terms. For example, if a party does not pay their agreed-upon share of rent or utilities, the roommate who is burdened with paying the total amount may seek to collect from the roommate who has failed to pay their portion. While the landlord is entitled to its full rent, the tenant who has fulfilled the obligation to pay the rent may bring a claim, pursuant to the terms of the agreement, to seek recovery from the roommate who did not pay.
If there is only a disagreement as to what is owed on a utility bill, it can usually be worked out and paid without any real distraction. But, if the roommates have agreed to split things evenly, and one refuses to pay at all, that may be a problem. If it comes to that, and to protect the rights of the parties , clearly define the legal status and create an enforceable mechanism for forcing a resolution.
If one roommate locks out another or throws away any personal property belonging to a roommate, especially physical or emotional damage, the concerned roommate may seek damages in court. Understandably, nobody wants to be sued, and having additional conflict with a roommate can be aggravating. However, unless a roommate is willing to voluntarily vacate, with no further notice required, then it may be necessary to file a Petition for Temporary Injunctive Relief. The judge may issue a temporary injunction against the offending roommate. The petition requires a sworn affidavit setting forth the claims of immediate and irreparable harm. Temporary injunctive relief could prevent that roommate from returning to the premises until a final hearing can be scheduled, at which point the court may grant permanent injunctive relief, an award of damages, or nothing at all, depending upon the circumstances.
Benefits Of Writing A Roommate Agreement Versus Oral Agreements
While it is possible to enter into a verbal agreement with your roommate about the distribution of rent and other terms of living together, it rarely eliminates potential misunderstandings and conflicts that can arise among roommates. Verbal agreements can end up having the potential to do more harm than good in terms of establishing the relationship between roommates. Written agreements should contain a signed list of allocated responsibilities, and should be revisited after substantial changes in circumstance. The primary benefit of a written agreement is that it provides peace of mind. Having a written roommate agreement will provide a sense of security amongst roommates. Roommate agreements can help prevent roommate conflict over things such as household chores, the payment of rent, or the duration of the lease. Roommate agreements can help facilitate transparency within the roommate relationship. Having a roommate agreement can also help keep dishonesty at bay, because verbal agreements are often broken due to ambiguity. Verbal agreements should always be avoided.
Roommate Agreement Example
Whether you are looking for a roommate or are currently sharing a home with someone, each Florida resident should be aware of what should be included in a roommate agreement. A group of real estate industry veterans has put together what is known as the Roommate Contract. This document is designed to help Florida residents put together an agreement that covers all of the necessary details in writing . It covers all of the pertinent issues, including questions such as these:
• How do you split the cost of utilities?
• Which chores are assigned to which people?
• What happens if one of the roommates needs to vacate the premises early?
The full version of the Roommate Contract is available for free online. Just typing in the two words into any search engine will bring it up. A professional service is available to assist in drafting a more customized roommate agreement tailored for your specific needs. However, the free Roommate Contract is an excellent base from which to begin your agreement drafting process.