Room Rental Agreements assist in avoiding legal conflict when renting out a room on a property. Legally protect yourself by using our free template and guidance to create a full-fledged agreement.
Templates created by legal professionals
Customize your documents quickly & easily
24/7 free phone & email customer support
Trusted by 4,983 users.
What type of Property is being rented? What type of Property is being rented?Last Update August 23rd, 2024
Shared Housing Lease
Roommate Lease Contract
Fill forms in a few steps
Save, print, & download
Done in 5 minutes
Table of Contents:Room Rental Agreements are a type of legal contract used for subleasing a room within a rental unit.
This document type is based on the original agreement and lists the rights and obligations between tenants and subtenants. Additionally, Room Rental Agreements require the landlord’s authorization.
If you are a principal tenant who wishes to sublease your entire rental unit, use our Sublease Agreement form instead.
This type of agreement helps clarify issues, such as:
It can also define any rules the signing parties consider important.
Room Rental Agreements are an essential tool to protect tenants’ rights in case of disagreement.
Room Rental Agreements are mainly used when tenants want to sublease a room in the living unit they are renting. However, this form of agreement is also recommended for property owners and real estate managers.
Generally, Room Rental Agreements are more flexible in terms of structure and less extensive than other real estate agreements.
They are also much less complex than a Residential Lease Agreement, where you need to take state laws into account to ensure legal validity.
Although Sublease Agreements should contain standard terms like the rent amount, their scope lies much more in defining expectations, rules, and responsibilities.
The agreement’s goal is to maintain a good tenant-subtenant relationship.
The following is a list of situations where you might find it useful to sign an agreement:
There’s no limit as to how specific you can be when drafting this type of document. However, a simple Room Rental Agreement should contain the following basic elements:
Remember to declare the income from subleasing a room in your tax return.
You will be able to deduct any repairs you have to undertake in the room and common areas defined in the agreement.
If you are considering drafting your own agreement, you need to make sure that you include all the necessary details.
Add the following sections in order with the correct information to create a legally valid Room Rental Agreement:
Create your document using our free online customizable Room Rental Agreement template to ensure you don’t leave out any significant details.
The main difference between a Roommate Agreement and a Room Rental Agreement is that the landlord does not need to be involved in the former.
However, there are more distinctions you should examine to stay away from trouble:
| Roommate Agreement | Room Rental Agreement |
|---|---|
| Landlord does not need to be informed | Permission from Landlord required |
| Includes no reference to original Rental Agreement | Incorporates elements of original Rental Agreement |
| Used for sharing a rental unit | Used for subleasing a room in a rental unit |
We have included the following Room Rental Agreement sample for your reference. Use this example along with the Room Rental Agreement template to write your own document.
In addition to a Room Rental Agreement Form, several other documents can assist tenants and landlords in protecting themselves on a legal level:
It is essential that you fully understand Room Rental Agreements before you start drafting your own document.
We have prepared a list of answers to the most frequently asked questions to help you clarify any doubts you may have.
Sublease Agreements may cover more than one tenant. List every tenant separately and specify details like their names and agreement periods.
Depending on the size of the room and the amenities in it, tenants may be required to pay different amounts for utilities. Make sure you include this in your agreement, too.
Legally, you are not required to have a contract to rent a room, but it is highly advisable to have one to protect both, tenants and subtenants.
For example, if a subtenant misses paying the rent or damages the premises, a Room Rental Agreement provides protection to the main tenant.
Many landlords choose to rent by the room instead of renting the entire property to a single tenant.
This guarantees income, as it is very unlikely that all tenants will miss a payment at the same time. It is a way to secure their investment, and it usually also offers higher returns.
You are only a few steps away from your own Room Rental Agreement!
Download our professional examplesBackground
A) By entering into this agreement (referred to as the "Room Rental Agreement"), the parties involved agree to the subletting of the specified real property, as outlined in the following terms.
B) The provisions stated in this Room Rental Agreement are subject to the terms and limitations set forth in the master lease (referred to as the "Master Lease") executed on _________ between _________ (jointly and separately referred to as the "Landlord") and the Sublandlord, regarding the aforementioned property, including any improvements situated on the described premises (referred to as the "Premises") municipally described as: _________.
IN CONSIDERATION OF the Sublandlord subletting and the Subtenant renting the Rented Premises, both parties hereby undertake to uphold, carry out, and satisfy the promises, conditions, and agreements set forth below:
Rented Premises
1) The Sublandlord consents to rent the entire Premises, known as the "Rented Premises", to the Subtenant exclusively for residential purposes. The Rented Premises or any portion thereof shall not be utilized by the Subtenant, at any point during the term specified in this Room Rental Agreement, for conducting any business, profession, trade, or any purpose other than as a private single-family residence.
2) Subject to any limitations or provisions outlined in the Master Lease, the Subtenant is permitted to have pets within the Rented Premises. However, in the event of any misuse of this privilege, damage caused to the Rented Premises by the pets, or any disruption or interference caused by the pets that affect the other tenants' use and enjoyment of the Rented Premises, the Sublandlord retains the right to revoke this privilege by providing a thirty (30) days' notice.
3) The Subtenant, as well as all members of the Subtenant's household, are strictly prohibited from smoking anywhere within the Rented Premises. Also, the Subtenant shall ensure that no guests or visitors smoke within the Rented Premises.
4) The Subtenant, as well as all members of the Subtenant's household, are strictly prohibited from vaping anywhere within the Rented Premises. Also, the Subtenant shall ensure that no guests or visitors smoke within the Rented Premises.
Term
5) The duration of this Room Rental Agreement, referred to as the "Term," begins at 12:00 noon on _________ and concludes at 12:00 noon on _________.
Rent
6) The rent amount and payment frequency for the Room Rental Premises shall align with the terms established in the Master Lease.
7) The Subtenant shall ensure that the rent is delivered or sent to _________ at _________, or to any alternative location specified by _________.
Utilities
8) During the remaining Term, the Subtenant shall be responsible for making all payments associated with utilities and other charges that were previously the responsibility of the Sublandlord under the Master Lease.
Maintenance
9) The Subtenant hereby commits to surrendering and transferring the Rented Premises, along with all furniture and decorations contained therein, to the Sublandlord in a condition that matches the quality they were in at the beginning of the Term, with the exception of reasonable wear and tear.
10) The Subtenant shall bear full responsibility and liability to the Sublandlord and the Landlord for any damages caused to the Rented Premises, its contents, or the building by the Subtenant or the Subtenant's guests.
Alterations and Improvements
11) The Subtenant shall have the right to undertake the same alterations and improvements to the Rented Premises as permitted to the Sublandlord, on the condition that the Subtenant obtains prior written consent from both the Landlord and the Sublandlord.
Taxes
12) The Subtenant shall be responsible for the payment of any applicable privilege, excise, and other taxes lawfully imposed on the Subtenant's business, the Rented Premises, and any personal property situated on or within the Rented Premises. The Subtenant shall make diligent efforts to prevent the imposition of any late fees or penalties associated with these tax obligations.
Event of Default
13) The Subtenant shall be considered in default under this Room Rental Agreement if any of the following events (referred to as the "Event of Default") occurs:
a) Failure by the Subtenant to make timely payment of the Rent to the Landlord, or any portion thereof, within the specified due date or any applicable grace period.
b) Non-compliance by the Subtenant with any of its obligations stated in this Room Rental Agreement or any relevant obligation outlined in the Master Lease.
c) Insolvency of the Subtenant, initiation of bankruptcy proceedings, taking advantage of any legislation applicable to insolvent or bankrupt debtors, involvement in voluntary or involuntary winding-up, dissolution, or liquidation proceedings, or appointment of a receiver to manage the Subtenant's affairs.
d) Abandonment of the Rented Premises or any portion thereof by the Subtenant.
e) Use of the Rented Premises for unpermitted or illegal purposes.
f) Failure of the Subtenant to promptly initiate, diligently pursue, and successfully complete any work assigned to the Subtenant under this Room Rental Agreement related to the Rented Premises.
g) Complete or partial damage to the Rented Premises, or any part thereof, resulting from fire or other casualties caused by the Subtenant's negligence, intentional actions, or those of the Subtenant's employees, family members, agents, or guests.
h) Any other event of default as provided in the applicable laws or regulations (referred to as the "Act").
Remedies
14) In the event of any occurrence of an Event of Default, the Sublandlord reserves the right to exercise any or all of the following remedies:
a) Terminate the Room Rental Agreement by providing the notice required under the Act, resulting in the immediate forfeiture and nullification of the term.
b) The Sublandlord may, at its discretion, but without any obligation, fulfill any obligation of this Room Rental Agreement or the Master Lease that the Subtenant has failed to perform. In such cases, the Sublandlord may seek redress from the Subtenant for any expenses incurred.
c) The Sublandlord may re-enter the Rented Premises, in whole or in part, and lawfully repossess and enjoy the Rented Premises as if the Subtenant's occupancy never occurred, with the right to remove any items or belongings within the Rented Premises.
d) Any other remedy as provided by the Act or other applicable laws.
15) The Sublandlord's exercise or reference to any particular right or remedy shall not hinder or prevent the Sublandlord from pursuing any other remedy available under the law, in equity, or as expressly stated in this Room Rental Agreement or the Master Lease. No remedy shall be considered exclusive or contingent upon any other remedy, and the Sublandlord reserves the right to independently or collectively exercise any combination of remedies as deemed necessary or appropriate from time to time.
16) Upon the expiration, termination, or cancellation of either the Master Lease or this Room Rental Agreement, all obligations of the parties under this Room Rental Agreement shall be deemed extinguished.
17) Upon termination, any improvements that remain on the Rented Premises shall revert to the Sublandlord and shall be free from any encumbrance at the time of reversion.
Governing Law
18) The parties to this Room Rental Agreement express their intention for the tenancy established by this agreement, as well as the fulfillment of obligations under this agreement, and any legal proceedings arising from this agreement, to be interpreted and governed exclusively by the laws of the State of _________. This choice of law shall prevail regardless of the jurisdiction in which any legal action or proceeding may be initiated.
Severability
19) In the event of any conflict between a provision in this Room Rental Agreement and the applicable laws of the (referred to as the "Act"), the Act shall take precedence, and the conflicting provisions of the Room Rental Agreement shall be amended or removed as necessary to comply with the Act. Additionally, any provisions mandated by the Act are hereby incorporated into this Room Rental Agreement.
20) In the event of any conflict between a provision in this Room Rental Agreement and any prescribed form of Room Rental Agreement mandated by the Act, the prescribed form shall take precedence, and the conflicting provisions of this Room Rental Agreement shall be amended or removed as necessary to comply with the prescribed form. Additionally, any provisions that are required by the prescribed form are hereby incorporated into this Room Rental Agreement.
21) If any provision of this Room Rental Agreement is deemed invalid or unenforceable, either in whole or in part, the enforceability of the remaining provisions shall not be affected. The valid and enforceable provisions shall continue to be valid and enforceable as if the invalid or unenforceable parts were not included in this Room Rental Agreement. The remaining provisions shall be considered executed by both parties after the removal of the invalid provision.
22) All alterations and improvements made to the Rented Premises must adhere to all relevant construction laws and regulations governing property improvements.
23) The Subtenant shall take necessary measures to ensure that the Rented Premises are kept free and clear from any liens that may arise as a result of the work carried out or materials utilized during the improvements made to the Rented Premises.
Subletting
24) The Subtenant shall not assign, transfer, or sublet the Rented Premises, or any portion thereof, without obtaining the prior written consent of both the Sublandlord and the Landlord.
Notices
25) Unless explicitly specified otherwise in this Room Rental Agreement, all notices from the Subtenant to the Sublandlord shall be delivered or sent to the Sublandlord at the following address(es):
- _________
Address: _________
26) Unless explicitly specified otherwise in this Room Rental Agreement, all notices from the Subtenant to the Sublandlord shall be delivered or sent to the Sublandlord at the following address(es):
- _________
Address: _________
27) All notices to be provided under this Room Rental Agreement shall be in writing and shall be delivered in person or sent by certified or registered mail using the United States Postal Service.
Master Lease
28) This Room Rental Agreement incorporates and is subject to the Master Lease, a copy of which is attached to this Room Rental Agreement, and which is incorporated as if it were set out in this Room Rental Agreement.
General Provisions
29) In the event of any legal action arising from this Room Rental Agreement, the party who does not prevail in the action shall be responsible for paying reasonable attorney's fees and court costs to the prevailing party. The amount of such fees and costs shall be determined and awarded by the court, and a judgment reflecting the same shall be entered.
30) This Room Rental Agreement, subject to the other provisions contained herein, constitutes the entire agreement between the parties involved. No additions, deletions, or modifications to this agreement shall be valid unless made in writing and signed by both parties. Any oral representations made during the execution of this Room Rental Agreement are not legally binding and do not hold any enforceable effect on either party.
31) The Sublandlord may enter the Rented Premises with 24 hours of prior notice for any of the following purposes:
a) To conduct an inspection of the Rented Premises.
b) To perform necessary maintenance on the Rented Premises.
c) To carry out repairs that are the responsibility of the Sublandlord.
32) The Sublandlord and the Subtenant have no interest or other ownership in each other. The parties are not agents for each other. Under no circumstances will this Room Rental Agreement be construed as creating a partnership or joint venture between the parties to this Room Rental Agreement.
33) In the event that the Subtenant is below the age of 18, the Subtenant's parent or legal guardian shall provide a guarantee and undertake the responsibility of fulfilling all the terms, covenants, and conditions outlined in this Room Rental Agreement by affixing their signature below.
34) Each party signing this Room Rental Agreement acknowledges that they have received a fully executed copy of this agreement.
IN WITNESS WHEREOF the Sublandlord and the Subtenant have executed this Room Rental Agreement by affixing their signatures and seals on this date: ________________________
