Free Flatmate Agreement

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Flatmate Agreement

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Your Flatmate Agreement

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Flatmate Agreement

The following flatmates (collectively the "Flatmates" and individually the "Flatmate") have signed this Flatmate Agreement (this "Agreement") on the ________ day of ________________, ________ for the following property:

________________________________________________________________ (the "Premises").

Flatmate No. 1: _______________________
Flatmate No. 2: _______________________
  1. EXISTING RESIDENTIAL TENANCY AGREEMENT
  2. The Flatmates acknowledge that one or more Flatmates have signed a tenancy agreement with ____________________, the landlord(s) for the Premises, which commenced on the 25th day of September, 2020 and ends on the 25th day of September, 2020 (the "Residential Tenancy Agreement").
  3. This Agreement establishes the rights and responsibilities that the Flatmates have with respect to each other. It does not replace or eliminate the rights and responsibilities arising from the Residential Tenancy Agreement.
  4. Except as provided in this Agreement, the Flatmates are liable among themselves jointly and severally for all duties and obligations of a tenant under the Residential Tenancy Agreement.
  5. TERM
  6. The term of this Agreement will be the same as the Residential Tenancy Agreement.
  7. RENT
  8. The Flatmates will pay rent as described in the Residential Tenancy Agreement (the "Rent").
  9. All Flatmates agree that if any act or failure to act by any of them results in any late fees or costs for failure to pay the Rent, including costs of collection, the Flatmate(s) who paid late or who did not pay the Rent will be jointly and severally responsible for all costs and fees of the Flatmates who paid on time.
  10. DAMAGE DEPOSIT
  11. The damage deposit will be paid as described in the Residential Tenancy Agreement.
  12. UTILITIES
  13. The Flatmates agree that they share a duty to pay for the utilities that are not included in the Rent.
  14. The Flatmates understand that if one or more of them does not pay his or her share of a utility bill, the other Flatmate(s) must pay the unpaid share(s) or the utility may be discontinued. Each Flatmate agrees that if other Flatmate(s) pay his or her share of a utility bill, he or she will reimburse the other Flatmate(s) as quickly as possible. Each Flatmate agrees to pay his or her full share of any utility bill incurred during his or her occupancy of the Premises on or before the date payment is due.
  15. Copies of all bills will be provided for inspection to any Flatmate who requests to see the bills. All bills will be kept in a safe place agreed upon by all Flatmates to ensure they are available in the event of dispute.
  16. HOUSE RULES
  17. All Flatmates agree to act reasonably in their dealings with each other and to refrain from any behaviour, action or inaction that they know, or reasonably ought to know, will interfere with the other Flatmates' quiet enjoyment. All Flatmates agree to discuss concerns frankly and in a timely manner, and to refrain from emotional outbursts. Should negotiation become necessary, all Flatmates agree to negotiate in good faith. All Flatmates agree to respect each others' property, privacy and sleep schedules and to comply with all reasonable requests wherever possible.
  18. TERMINATION OF TENANCY
  19. The occupation or tenancy of a Flatmate can be ended as described in the Residential Tenancy Agreement.
  20. A Flatmate ending his or her occupation or tenancy will provide notice within the time frame described in the Residential Tenancy Agreement.
  21. The vacating Flatmate will provide a forwarding address as described in the Residential Tenancy Agreement.

We, the undersigned, hereby indicate by our signatures below that:

  • we have read this full agreement;
  • we understand all it contains; and
  • we agree to be bound by its terms and conditions.





________________________________________
Flatmate 1





________________________________________
Flatmate 2





_______________________
Date





_______________________
Date

Flatmate Agreement Information

A Flatmate Agreement is also known as:

  • Roommate agreement
  • Flatmate agreement form
  • Flatmate contract

What is a Flatmate Agreement?

A Flatmate Agreement is a document created between people who live together that establishes the expectations, responsibilities, and rules for the shared space. It is a legally binding document that only involves the people cohabitating together, not the landlord of the residence.

If you’re also in a Tenancy Agreement, you can highlight terms such as the length of the tenancy, rent amounts, utilities, and other household costs in your Flatmate Agreement. Alternatively, you can acknowledge the Tenancy Agreement and provide a copy to your flatmate so that they may refer to lease terms as needed.

What is the purpose of a Flatmate Agreement?

A Flatmate Agreement allows people cohabitating to agree on house rules and expectations. By stating and agreeing upon expectations ahead of time, there is less chance for disagreements and misunderstandings. This clarification helps flatmates actively avoid future conflicts.

What should a Flatmate Agreement include?

When you’re establishing your Flatmate Agreement rules, keep in mind that all flatmates involved must agree to the clauses in the document. Here are some ideas to consider including in your Flatmate Agreement:

  • Private time and quiet hours: Is there a scheduled time of day when you do not wish for anyone to interrupt or disrupt you? Establishing private time can avoid unnecessary tension. Quiet hours let your flatmates know when it’s okay to make some noise and when they’ll disrupt other’s rest.
  • Guests and significant others: You and your flatmate might have different interpretations of what’s acceptable in terms of guests. You might have a partner who spends a few nights a week at your place, while your flatmate is adamantly against overnight guests. Establish these boundaries ahead of time.
  • Cleaning and chores: Because different people have different cleaning standards, it’s important to discuss expectations regarding chores. Decide who is responsible for shared spaces.
  • Bathroom and kitchen schedules: Need to shower and be out of the house by a specific time? Or maybe you need an empty kitchen to prepare meals for the week every Sunday. These are details you can outline in a Flatmate Agreement.
  • Thermostat expectations: We all have different preferences when it comes to the temperature of our homes. By noting thermostat expectations in a flatmate agreement, you can avoid future disagreements.
  • Conflict resolution: Establishing a method for conflict resolution in advance can go a long way when disagreements arise. This way, there is a system in place to de-escalate conflict quickly.

Depending on your boundaries and preferences, you may need to describe your rules and expectations in detail. Communication avoids misunderstandings and conflict, but you should also make sure you’re not setting unrealistic expectations on your flatmates. Ultimately, all flatmates must agree to the document to make it valid.

Is a Flatmate Agreement the same as a Tenancy Agreement?

No. A Tenancy Agreement is a contract between a landlord and a tenant that establishes a lease on residential space. This agreement allows a tenant to occupy that space for an established period of time for a rental fee. A Tenancy Agreement outlines things like the cost of rent, the rights and responsibilities of both parties, and the length of the lease.

A Flatmate Agreement is a contract between flatmates that doesn’t involve the landlord. It establishes agreed-upon rules and expectations between the residents that cohabitate a space together.

If you have a flatmate moving in and would like to create a flatmate lease, consider creating a Sublease Agreement Sublease Agreement in addition to a Flatmate Agreement. This document allows you to assign part of an existing lease to another tenant.

If there is a discrepancy between the flatmate agreement and the tenancy agreement, the tenancy agreement generally prevails. This is because the flatmate agreement governs the relationship between flatmates, but the tenancy agreement governs the property.

For example, if a flatmate agreement stated parties can only be held on weekend evenings, but the tenancy agreement states no parties can be held at all, the tenancy agreement supersedes the flatmate agreement and no parties can be held at all.

How do I write a Flatmate Agreement?

LawDepot’s Flatmate Agreement template allows you to create a legal document customised to your needs.

Details of the Residential Tenancy Agreement

Using our Flatmate Agreement template, select whether or not there is a written agreement (known as a lease agreement or tenancy agreement) with the landlord. State the address of the property.

If there is a written agreement with the landlord of the property, you’ll need to provide some details on the tenancy. State the date the tenancy started, the expected end date, and the landlord’s name.

Next, note the names of all the flatmates. You can add as many names as needed.

Select when you want the Flatmate Agreement to end. You can choose for it to end when the Tenancy Agreement ends, on a fixed end date (either a specific date or after a predetermined time has passed), or for it to renew automatically.

Rights and responsibilities for flatmates

Provide details regarding rent payments, such as how often the tenants pay rent. If you aren’t sure about this information, you can also say that the rent details are specified in the tenancy agreement. If you provided a damage deposit as part of your tenancy agreement, provide this information as well.

Next, you and your flatmates can outline the details regarding bill payments. Establish which utilities the rent includes and who’s responsible for them. Determine how you’ll handle household costs and expenses. You can choose to split costs equally, divide them in the same proportions as the rent payments, or decide not to specify this detail in the Flatmate Agreement.

House rules and expectations

Now you have the opportunity to establish house rules. Our template allows you to establish rules from the following categories:

  • Smoking
  • Alcohol
  • Illegal activities
  • Parties, gatherings, celebrations
  • Quiet hours
  • Guests
  • Personal property
  • Other

After establishing flat rules, you can establish obligations regarding duties and restrictions. The Flatmate Agreement form prompts you to select from the following options:

  • Cleaning
  • Pets
  • Parking
  • Living arrangements
  • Damages
  • Other

Finally, determine the grounds for termination. Decide whether one flatmate can terminate the agreement of another and under what circumstances. Determine what kind of notice (if any) the flatmate must provide before leaving the agreement. Some flatmates include policies requiring the leaving flatmate to supply a forwarding address and remove their property.

If you want to add any additional clauses, our template allows you to do so. Lastly, determine the signing details of the document. Now, you are ready to finalise and print your document.

Should I notarize my Flatmate Agreement?

A Flatmate Agreement doesn’t need to be notarized to be legally valid. When executed properly, LawDepot’s free Flatmate Agreement template creates a legally valid document.

Is a Flatmate Agreement legally binding?

Yes, a Flatmate Agreement is a legally binding document. If a flatmate refuses to comply with their obligations as noted within the document, the other flatmates involved in the agreement can take them to court. If your flatmate stops paying their portion of the rent, this document can reinforce your claims in court.

Keep in mind that some clauses in a Flatmate Agreement may be difficult to uphold in court. For example, if your flatmate throws a party without your permission, a court is unlikely to do much to enforce this house rule. However, if there is damage caused by that party, such as property damage or an overdose, then the matter might be worth pursuing. That being said, a carefully thought-out Flatmate Agreement is still valuable because it will prevent disputes from arising in the first place.

Related Documents:

  • Tenancy Agreement:Protect yourself and your property with a comprehensive Tenancy Agreement. Establish important terms such as rent, penalties, and activities allowed on your property.
  • Residential Sublet Agreement: Use a Residential Sublease Agreement to allow the original tenant of a rental property to lease part or all of the property to another tenant for a set amount of time.
  • Lease Amendment: Need to make changes to your Tenancy Agreement? A Lease Amendment modifies an existing Tenancy Agreement, so you don’t need to create a new one.
  • Lease Assignment Agreement: Use a Lease Assignment to transfer the rights and obligations of an existing Tenancy Agreement from one tenant to another.
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