Roommate Renters' Rights
All renters have certain rights and protections. For instance, the federal Fair Housing Act prohibits discrimination, and generally landlords must maintain rental property in a habitable condition. Roommates retain these rights, but they may encounter other issues and disputes with one another.
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Agreement
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You don't need to visit a law library to write a roommate agreement. You can prevent many problems with a written, signed roommate agreement. Although your landlord will not be bound by its terms and cannot enforce them, you can make sure each roommate understands his responsibilities. When writing a roommate agreement, try to anticipate potential problems.
Rent
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If your roommate defaults on his share of the rent, you must still pay the entire amount. Even if you and your roommate agreed to each pay half of the rent, this agreement is between you and your roommate, not with your landlord. According to Nolo Press, most rental agreements provide that all tenants will be held "jointly and severally liable." This means that if your roommate doesn't pay his share of the rent, you are still responsible to your landlord for the entire rent. If your roommate defaults, you must come up with that month's rent by yourself.
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Violations
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You want to keep your apartment looking nice, but problems can arise when your roommate causes damage. If one roommate damages the property or violates the rental agreement, your landlord can legally hold you responsible for his actions. For example, if your roommate knocks several holes in the wall while practicing for amateur boxing night, you might both face eviction. Fortunately, in practice, many landlords will overlook this rule, especially if you are a desirable tenant.
Eviction
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Sometimes you may wonder if you can send your roommate packing. If your roommate consistently ignores the terms of your roommate agreement---paying his share of the rent late, playing loud music or skimping on his portion of the bills---you may wonder whether you can evict her. However, unless it's a sublet, only your landlord can evict a tenant.
Disputes
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For a happier living situation, understand your rights as a roommate. Your landlord will not enforce your roommate agreement, but community mediation services can often help. Additionally, financial disputes---such as those relating to rent---can be decided in Small Claims Court.
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References
Resources
- Photo Credit Image by Flickr.com, courtesy of Eric Image by Flickr.com, courtesy of umjanedoan Image by Flickr.com, courtesy of borman818 Image by Flickr.com, courtesy of bakoko Image by Flickr.com, courtesy of Bart Howard Everts Image by Flickr.com, courtesy of Jason Sansone
