While roommate agreements are not “leases,” they are considered enforceable private contracts under general contract law. However, a court’s ability to enforce them depends on the nature of the dispute.
What is Legally Binding?
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Financial Obligations: Provisions regarding rent split, security deposit contributions, and utility payments are legally binding. If a roommate defaults, you can sue in Small Claims Court for their share of the debt.
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Duration: If the agreement specifies a fixed term (e.g., 12 months), a roommate who leaves early may still be liable for their portion of the rent until a replacement is found.
What is Generally Not Enforceable?
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Lifestyle Rules: Clauses regarding cleaning schedules, “quiet hours,” guests, or thermostat settings are rarely enforceable by a judge. Courts generally do not involve themselves in “social contracts” or minor household disputes.
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Eviction: A roommate agreement does not give you the right to “evict” a co-tenant. Only a landlord can initiate an eviction through a formal Unlawful Detainer action, as co-tenants typically have equal possessory rights under state law.
Pro Tip: For a roommate agreement to hold up in court, it should be in writing, signed by all parties, and include specific dollar amounts or percentages for financial responsibilities.
The information for this answer was found on our Room Rental Agreement answers.