The Necessity of a Roommate Agreement
Think of a roommate agreement as similar to a prenuptial agreement for a married couple. If the agreement is never needed to settle any disputes, then the effort and expense was worthwhile. If on the other hand, the agreement is needed, it has the potential to help avoid what are often very costly and emotional disputes.
At the very least, a written roommate agreement allows all the residents of an apartment or house to get on the same page about their rights and responsibilities. A written agreement provides a clear understanding of base legal rights, as well as a framework for resolving disputes. A roommate agreement can also help protect the parties as to third parties, including landlords and third-party creditors .
A roommate agreement helps set out in writing which resident has paid rent and utilities and which resident takes care of other costs and expenses. It may also provide that some household expenses are to be governed by a majority rule, similar to a shareholder agreement in a corporation. In short, as seen more broadly, a well-crafted roommate agreement can also protect each resident against unpredictable third parties such as a landlord or a creditor. It may also prevent what could otherwise be expensive litigation. Making sure that there is a roommate agreement in place before any issues arise is usually a good idea.
Main Elements of a Roommate Pact
A basic New York roommate agreement has several key components addressing the nature of the relationship between each party. First and foremost, an agreement should address a reasonable division of rent and clarify how and when payment is to be made. Moreover, an agreement should address the payment of other expenses, such as utilities and groceries. In addition, agreements should discuss how household chores are to be allocated among the roommates, as well as whether a chore schedule will be implemented, and if so, its frequency and details. Another important component of an agreement should be rules regarding guests, including whether they may be allowed to stay overnight and whether the landlord’s consent is needed for the same. Finally, agreements should have a termination provision that addresses how the agreement can be terminated and whether notice will be required.
Legal Aspects in New York
The roommate agreement is an essential tool by which co-tenants can delineate the individual and collective expectations of their living arrangement and promote internal conflict resolution. Beyond this, it serves a potentially fatal purpose for anyone who chooses to forego setting out their agreement with their roommate in writing. Many New Yorkers are surprised to learn that one of the roommates may be left entirely without legal recourse against their landlord.
Manhattan landlords, in particular, frequently assert the "single lease doctrine," which states that where a single lease is signed by one tenant for an entire household, the individual tenant is the only individual recognized by the landlord as the lawful occupant of the premises. In the event of a default by the sole tenant on his or her lease obligations to the landlord, the landlord may successfully recover a judgment for the amount of unpaid rent and future rent owed under the lease from the tenant (i.e. the actual party to the lease), but may not collect any portion of that from his or her former roommate (i.e. the party not listed on the lease). This can easily leave the roommate who has paid rent but has no other direct legal relationship with the landlord exposed to claims for unpaid rent by the roommate who was the sole tenant of record. Because tenants are legally obligated to pay their landlords monthly rent, despite their inability to recover a contribution from their former roommates, some Manhattan tenants have fallen victim to excessively high rent claims in housing court as the result of roommate conflicts. The roommate agreement can be used to anticipate this risk and address it in advance, by setting out a contractual agreement between roommates as to how any unpaid rent will be divided should the contributing roommate fail to make an individual payment. Such agreements should set forth the specific payment obligations of each roommate in terms of
a) the fixed dollar amount of rent, and b) the proportionate share of utilities or other expenses due in the event of a failure to pay.
If properly drafted, the roommate agreement can provide additional protections to the roommate who has the most to lose should a roommate conflict arise, and hold each roommate accountable to the other in the event of a breach.
Composing the Agreement: A Guide
When it comes to a roommate agreement in New York, there are several general rules that can apply. If you have previously had a written roommate agreement, you probably know the particulars of this type of agreement fairly well. Of course, if the agreement in question is something you have never encountered before, you may be somewhat confused about where to start.
1. Review the Lease Agreement
Before proceeding with a roommate agreement, read through the New York lease to see if there are any special provisions that might apply in your situation. Look for anything that might be relevant or that you will want to address in the roommate agreement.
2. Begin with Agreement Basics
The first part of the roommate agreement should cover the basics such as:
-Names of roommates
-Name of landlord and leasing agent
-Address of the rental unit
-Initials followed by dates of signatures
3. Spell Out Tasks and Responsibilities
Detail specific chores and shopping responsibilities. You can even go so far as listing when each box should be taken out and even what should be in it. List all shopping responsibilities and specify who should do what. Discuss pet care and specify who will be walking the dog(s) and when.
4. Specify the Rent Amount
Typically, the first roommate to find a place pays first month’s rent. Rent is then programmed into the apartment’s online payment system. Specify when the rent is due, the exact amount and what happens if anyone is late making rent. In simple terms, no rent, no stay. This is one area where you should be very specific.
5. Address Food
Talk about who buys what, who cooks and when. For example, you might eat out once a week and need to split the cost. Nothing is worse than going grocery shopping only to find that someone has consumed an entire loaf of bread, most of the butter and half of the margarine in one weekend. Talk about portions and make sure everyone respects them.
6. Schedule Regular Report Days
Select a day each week to meet with your roommates individually to discuss anything that is troubling you or to take care of any major tasks that need taking care of. Select a day that’s easiest for everyone to remember and then set reminders on your phones. Make these meetings short and to the point and be respectful when discussing issues that concern you. Too often, complaints are made in a passive-aggressive way and that will only create arguments later on.
7. Special Considerations
Be sure to address any special issues that are relevant to your situation. Do you want visitors to check in before arriving, whether family or friends? If so, add this to the agreement!
Tailoring Your Roommate Pact
The agreements we’ve covered earlier are solid foundations for New York City tenants to build on. But the needs of every group of roommates are unique. Issues that could be challenging for one set of New Yorkers may actually be non-issues for their neighbors down the hall. For example: what if one roommate loves video games while another is addicted to painting NYC street art? Should they fight over the common areas and the bathroom sink or should they find common ground?
In this section, we’ll cover ways to customize your New York roommate agreement to fit the unique needs of your living arrangements.
Scenario 1: Pet Policies
One of your roommates has a cat. Is anyone allergic? If so, will pets be permitted in the apartment? If you have no allergies, that could be fine. But what about people visiting, will they be welcome to bring their dogs to visit from time to time?
It’s also important that your contract lays out out how you’ll handle pet-related issues, such as:
Scenario 2: Noise & Party Restrictions
Some people are night owls and others have early morning jobs. Will the late-night rehearsal sessions for your roommate’s band be disruptive on Tuesday and Thursdays when you’re trying to get to work? How about visitors who come to stay and want to host parties with their friends? Will be okay with coming home to loud music during all night parties?
Take the time to discuss and agree to any restrictions on the use of your shared living space , including:
Scenario 3: Dish Duty & Paying The Rent
Will who clean what and when be an issue? Perhaps you and your new roommates agree that once a week, one person will be responsible for washing the dishes after dinner. If they miss their turn, they’ll buy coffee for everyone on the next day.
You should also talk about how rent will be paid. Are you splitting the rent equally? If this is summer intern housing at an affordable rent, maybe you all split the rent equally. But in other situations, parties may be able to pay different amounts. For example, perhaps one person gets a free place to park their car for the summer while another pays a nominal fee. In this case, the rent may not be split equally.
If everyone isn’t paying equal rent, then perhaps the person who pays the least can also be responsible for simple chores, like paying for toilet paper or taking out the trash.
These are just a few ideas for common roommate contract elements that could be added to the agreement. Remember that any roommate agreement should be fair to everyone involved. It also must offer a degree of comfort that lets each person rest easy while they sleep in their room in the back of the apartment.
Dispute Resolution and Amendments
But what happens when a dispute arises or if a roommate wishes to make a change to the agreement? With the proper planning, a well-crafted rooming agreement will limit the possible areas of dispute to just the essentials. However, given the nature of personal relationships, something may eventually arise. If this should happen, either party should try to sort it out in a calm and rational fashion. Roommates should not allow themselves to be pushed around, but they should also avoid being unnecessarily confrontational. roomies should be polite and reasonable, keeping in mind that your roommate is a partner in this agreement and deserves the same consideration that you would want for yourself. A verbal or informal written notification may be all that is required to settle a minor complaint. If more formal procedures are required, then an in-person discussion may be scheduled, with notes taken so that there is a record of the complaint and the action taken to resolve it. Like a company conducting a grievance settlement meeting, a separate written notice should be concluded with a summary of the meeting, signed by both parties. It should include each major point of complaint, as well as each party’s resolution for the issue. While it may be tempting to add a few extra points to your list, never agree to a complaint or resolution that you did not fully comprehend at the time. If the grievance cannot be easily settled, then a mediation session may be scheduled, though it would be good practice to conduct a separate grievance meeting first. This will give all parties the chance to seek a resolution without further mediation and UNDO any desire to be unreasonable. It is highly recommended that a center such as the Better Business Bureau or the Consumer Affairs Agency be selected to act as mediator. This reduces any possibility of bias or "playing favorites", and avoids involving yourself in a privacy dispute in which you have no personal interest. It also ensures confidentiality as it pertains to the roommate agreement itself, since the matter is now considered a dispute. During the meeting, all parties should sign in, and after introductions have been exchanged, a formal complaint should be entered. The appropriate grievance meeting summary form from earlier can be used. If no summary of the earlier meeting was made, then a new written statement should be created by the mediator. The mediator’s job is to hear all complaints from both parties. The mediator may ask each roomie to restate or explain their complaint, even if it was previously entered. Once all parties have had a chance to be heard, an official complaint form should be filled out, including the names of each party, the date of the complaint, etc. Similar complaint forms already in use at the Better Business Bureau or Consumer Affairs Agency should be used as templates for this purpose. Finally, before the end of the meeting, a modification procedure may be executed. Modifications may resemble the grievance procedure, but will usually occur before signing the agreement or when creating an extension of an existing agreement. Some modifications may be so insignificant that they do not require a firm amendment or addendum and can be ignored. When making a modification, simply state the new request verbally, and if both or any parties agree, a modification form may be filled out, including roomie signatures. If the change is significant or involves an extension, then the most recent version of the old agreement should be rescinded. After a selection of an appropriate form for the old document, all parties should sign and date that document to indicate the date of the change. If the agreement does not make provisions for reservations of rights, any changes should be seen as waivers of any rights previously held. But if the agreement makes provisions for the ability to change the terms of the agreement, then those may be used to alter the roomie agreement. Again, any modifications should be presented to the other roommates for discussion. Once all changes have been made, an addendum should be written and stored with the original agreement.
Free Downloads and Templates
Several resources are available for New York City residents to help you create a roommate agreement or check your existing roommate agreement for anything you may have missed. Housing and Legal Aid Societies offer free template agreements for download, and oftentimes they include fillable fields for you to enter each roommate’s specific details. Certain city-sponsored websites also allow for free template downloads.
Legally , you do not need to bring in a lawyer to draft or review this document unless you and your prospective roommate want the peace of mind of knowing that the agreement you put together has been vetted by an expert legal hand. To get your roommate agreement legally reviewed, you can also try the New York City Bar Association’s legal referral service.
Many housing law attorneys offer private tutorials and seminars for landlords and tenants covering topics including rent stabilization, housing laws, and lease requirements. A simple Google search will turn up dozens of options, including those covering how to set up a successful roommate agreement.