A roommate agreement is made by two or more people who are sharing living expenses. All roommates should have a clear understanding about their individual responsibilities for rent and other living expenses. Without a written agreement problems are more likely to arise. Few things could be more uncomfortable than sharing a house with someone with whom you have an ongoing disagreement about financial matters. It is always best to have such understandings in a written agreement.

JOINT AND SEVERAL LIABILITY

Roommates need to be aware of their legal obligations on a lease or mortgage. In nearly every case, a landlord will require each roommate to be ""jointly and severally liable"". This means landlord can look to either roommate for full performance of all obligations. If one roommate fails to pay, having a written agreement is important for paying roommate to be able to make a claim against non-paying roommate but roommate agreement does not relieve either party from possibility of having to pay full amount of rent.

Below is a sample agreement but you should always consult an attorney before implementing such an agreement. This agreement may not be suitable to your needs.

This agreement is made between

__________________________________________ (landlord) and

___________________________________________ (tenant)

on ____________ day of _______________ 200_.

Security Deposit: This is mini-landlord insurance. The deposit is equivalent to about one to two month's rent and can cover anything from a broken window to stained carpet. At end of your lease, landlord will conduct an inspection and see whether or not he or she needs to use any of money on anything damaged beyond normal “wear and tear” during your stay. State law may only use security deposit for three purposes: unpaid rent, damages and for cleaning stains or any excessively dirty area. The landlord cannot use it to repaint apartment to make it look more inviting for next tenants. (That's illegal).

Cleaning Fee: Since landlords cannot legally use your security deposit for basic cleaning purposes, some of them choose to include a cleaning fee in your lease.

Last Month of Rent: Some landlords ask for last month's rent in advance. This way, if you break your lease without first consulting your landlord, he or she has 30 days to find a new tenant before he or she needs another rent payment. If you're a good tenant, and don't break your lease, then you'll save yourself trouble of having to worry about getting together your last month of rent. (This can be really helpful when you have to deal with all costs of moving out!) Unlike security deposit, this charge is non-refundable.