Delaware Roommate (Room Rental) Agreement Template

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The Delaware Roommate Agreement is a contract which a number of roommates wishing to document the details of their living situation may use to solidify specifics of living together. While this would not be considered a binding contract with the landlord of the property in and of itself, it is a contract between the roommates signing it. Thus, it would be assumed by any legal entity that any signing party has read, understood, and agreed to the terms that are contained within it. This can be a powerful tool in cases where one roommate damages the property and mistakenly believes only the roommate on the landlord’s lease is responsible. In such a case, if the roommate contract calls for each participant to be responsible for their own damages then only the individual who has damaged the property would be held fiscally responsible for repairs. This is just one of the points covered in a good roommate contract, however, everything from rent to daily chores may be addressed.

It should be noted this document will not protect a roommate who is not on a lease from having to leave the property should the roommate on the lease terminate the agreement with the landlord. Only roommates who hold a contract directly with the landlord or property manager of the premises may hold a landlord to the terms of a residential lease for the property.

How to Write

Step 1 – The “Property & Property” section. Enter the date, new tenant’s full name, the lease-holding tenant’s full name, the names of any co-tenants (roommates) who will be sharing the space, the address of the property, then the starting and ending date of the agreement.

Step 2 – The “Security Deposit” section requires the dollar amount of the security deposit a roommate must give to enter the lease. This should be followed by the full dollar amount the landlord/property manager requires from the roommates.

Step 3 – The “Rent” section will document the specifics of the lease obligated rent payments from the tenant. First, enter the total amount of rent that will be paid by the tenant during the contract’s lifespan. Then enter the rent amount due each month. Finally, define the party that will accept the roommate’s rent.

Step 4 – Additional expenses will be defined in the “Utilities” section. Here enter the fraction amount the roommate must pay for each utility and document the name or utility type in the space provided. If the new roommate will be holding any utility accounts in his/her name detail this on the third line. The fourth line is provided to report any utilities or services the new roommate will be responsible for.

Step 5 – At the heart of a roommate list is a landlord/tenant agreement (though in this case the landlord is not necessarily a property owner). Delaware state code requires the Landlord-Tenant Code Title 25 be furnished to the new occupant by the acting landlord and that ample time has been given to read through it. If this has been done, the new tenant will need to initial this section.

Step 6 – The “Notices” section will require the contact information (street address and telephone number) for any official notices that need to be delivered from one part to the other regarding the lease or the premises. First, enter the lease holding roommate’s full address and telephone number under “Landlord/Principal Tenant” and the new roommate’s street address and telephone number under “New Tenant”

Step 7 – The “Authorization” section will require the date of the agreement as well as the signature and printed name of the principal roommate, new roommate, and any other roommates participating in this lease.