PropertyClub's Sample NYC Roommate Agreement

The PropertyClub Team
Jul 14th 2019
More and more New York City renters find themselves living with roommates nowadays so we've gone ahead and created a standard roommate agreement template for all New Yorkers. No more worrying about drafting a custom NYC roommate agreement from scratch, just use ours (and modify as you see fit).

ROOMMATE AGREEMENT

On [month/day], [year], Roommate #1 and Roommate #2, signed a lease agreement for the residential property at the address listed below. By entering into this roommate agreement, we intend to have our tenancy as roommates governed by this agreement.

This Roommate Agreement (the "Agreement") is made and entered into on July 01, 2019 (the "Effective Date"), by and between the following roommates:  

ROOMMATE #1

"Name of roommate 1"

ROOMMATE #2

"Name of roommate 2"

The roommates may be referred to individually as a "Roommate" or collectively as the "Roommates."

RECITALS

WHEREAS, the Roommates are co-tenants at the premises located at _________________, _________________, New York _________________ (the "Premises").

WHEREAS, there is a lease agreement with the landlord, NEW YORK LANDLORD LLC (the "Landlord"), for the Premises, dated July 01, 2019 (the "Lease Agreement").

NOW, THEREFORE, in consideration of the above recitals and mutual promises and benefits contained herein, the Roommates agree as follows: 

1. RENTAL AGREEMENT. All of the Roommates agree to be bound by all of the terms of the Lease Agreement.

2. TERM. Each of the Roommates will live on the Premises for the period set forth in the Rental Agreement, beginning on July 01, 2019 and ending on June 30, 2020. After the end of the lease, the Agreement shall continue on a month-to-month basis. If a Roommate decides to leave before the end of the Lease Agreement, the departing Roommate will be responsible under the Lease Agreement until the lease ends or a replacement roommate or subtenant is found.

The Landlord shall be notified by written 30 days advance notice of any change in Roommates so that proper arrangements can be made.

3. RENT. The total monthly rent for the Premises is $2,500.00. Each Roommate will pay the following amount(s):

ROOMMATE #1  $1,250.00

ROOMMATE #2  $1,250.00

Rent shall be payable by each Roommate on the 1st day of each month. The rent shall be paid in full to TENANT #1. Rent must be paid in the form (insert forms of payment accepted). TENANT #1 will be responsible for delivering the rent to the Landlord in the agreed upon manner. The Roommates understand that they are jointly and severally liable for the full amount of the rent.

4. DEPOSIT. The total security deposit for the Premises is $2,500.00. Each Roommate will pay the following amount(s):

ROOMMATE #1  $1,250.00

ROOMMATE #2 $1,250.00

Each Roommate will receive their share of the deposit if and when the Landlord returns it at the end of the tenancy. Any deductions from the deposit will be shared by all Roommates in proportion to the amount of deposit paid. However, any damage caused by one of the Roommates will be paid only by that Roommate.

5. PETS. If pets are permitted under the Lease Agreement, each pet owner shall be responsible for all damages caused by their pet. This includes, but is not limited to, damage to the furniture, carpeting, doors, yard, garden, and any other household fixture.

6. UTILITIES. Each Roommate has been assigned the responsibility of paying a specific bill. This includes paying the bill in full on or before the due date. The utilities will be assigned as follows:

ROOMMATE #1 100% ELECTRIC

ROOMMATE #2 100% GAS

ROOMMATE #1 50% VERIZON

ROOMMATE #2 50% VERIZON

ROOMMATE #1 50% MONTHLY CLEANING SERVICE

ROOMMATE #2 50% MONTHLY CLEANING SERVICE

7. PERSONAL PROPERTY. All Roommates agree to refrain from borrowing another Roommate's personal property without prior approval. Exceptions to this provision should be clearly stated in writing, with the Roommates reserving the right to change their minds about sharing of their items. Property that is borrowed will be used respectfully and returned in the same condition. If any damage is done to any personal property, the Roommate responsible for the damage will be held liable.

8. FOOD & KITCHEN USE. Food will be purchased by each roommate individually. Food may not be borrowed without the purchaser’s prior approval. Each roommate will clean up the kitchen after his/her use.

9. HOUSEHOLD DUTIES. All Roommates agree to share the responsibilities of cleaning and maintaining the common areas of the Premises ("common areas" means the entirety of the Premises other than the Roommate's private bedrooms). This includes dusting, vacuuming, emptying the trash, cleaning the bathrooms, yard work, doing the dishes, and any other household maintenance.

10. GUESTS. Each Roommate is responsible for the behavior of his or her guests. Guests shall not unreasonably disturb other Roommates. Guests must stay in the bedroom of the Roommate who invited them unless all other Roommates agree that the guest may stay in a shared area. Overnight guests shall be permitted, but no guest may stay for more than 2 consecutive days, not to exceed 10 days in a month, without the permission of all other Roommates. New Roommates may move in only with the written permission of all other Roommates and the Landlord.  

11. NEW ROOMMATES: New additional roommates may move in only with the written permission of all other Roommates and the Landlord.

12. SMOKING. Smoking is not allowed on the Premises.

13. ADDITIONAL TERMS. The Roommates hereby agree to the following additional terms:

"You may want to add additional terms. Some examples may include quiet hours or days on which guests and parties/loud noise" 

14. GOVERNING LAW. This Agreement shall be construed in accordance with the State of New York.

15. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Roommates, and there are no other promises or conditions in any other agreement, whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any written or oral agreements between the Roommates but has no effect on the Rental Agreement.

16. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

17. AMENDMENT. This Agreement may be modified or amended in writing if the writing is signed by each Roommate.

18. WAIVER OF CONTRACTUAL RIGHTS. The failure of any Roommate to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

IN WITNESS WHEREOF, the Roommates have executed this Agreement in the manner prescribed by law as of the Effective Date.

 

ROOMMATE #1 Signature and Date

ROOMMATE #2 Signature and Date