Tenant to Tenant Agreements
Getting a roommate to help pay your rent can be a great way of keeping your expenses down. Be aware, though, that in taking on a roommate, you can make yourself legally and financially vulnerable if things go wrong. Be sure to protect yourself by carefully screening potential roommates and drafting good roommate or sublease agreements before moving in with someone or letting them move in with you.
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Co-Tenants
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If you, and your roommate or roommates have each signed the lease or rental agreement for your home, you are co-tenants. Each of you has a binding, legal relationship with your landlord, and are subject to the terms of the agreement that you signed.
Subletters
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While many people think of "subletting" as renting someone's apartment when they have moved before the end of their own lease, subletting can also describe a roommate arrangement. In a sublet, there is a main tenant--also called a "master tenant" in some areas--who has signed a lease or rental agreement with the landlord. The main tenant then assumes the role of landlord to her roommates, who pay rent to her. The main tenant is usually held responsible for the actions of her subletters by the landlord. Most leases and rental agreements include a clause about subletting, and often require a tenant to get landlord approval before subletting all, or part, of their home.
Subletters typically sign a sublet agreement with their roommate, which includes agreements regarding rent payments, late fees and adherence to the landlord's rules and any rules set down by the main tenant.
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Rental Agreement Terms
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Many landlords insist on putting co-tenants on one lease or rental agreement instead of issuing each a separate lease. Furthermore the lease will usually include language that makes the tenants "jointly and severally" responsible for the lease terms. If one tenant doesn't pay the rent, the others are still responsible for paying the entire amount of rent due. If the rent is not paid, all tenants, whether they have paid their share of the rent or not, can be evicted.
In a sublet arrangement, the main tenant is entirely responsible for paying the rent to the landlord. The landlord does not have the option of suing the subletter for the rent, though the landlord may evict tenant and subletter if the rent is not paid.
Roommate Agreements
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Roommates who are co-tenants can protect themselves by drafting up a roommate agreement. A roommate agreement should cover issues such as financial arrangements, household chores and tenant behavior. Roommate agreements can go a long way toward helping co-tenants avoid misunderstandings and hurt feelings. Also, a roommate agreement can be used in court to sue a roommate who damaged the property or has failed to pay rent.
Eviction
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Roommates are entitled to the same protections against eviction as any other tenant. If your roommate is a co-tenant, you should be aware that only the landlord can evict him. Since many landlords are uninterested in getting involved in squabbles between tenants, it is advisable that you document the tenant's bad behavior and bring your documentation to the landlord.
If you are the main tenant in a sublet arrangement, you typically have the right to evict your tenant. You must follow all state laws regarding tenant eviction, including giving proper notice and going to court to ask a judge to order the eviction.
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References
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