Roommates and You
A Sample Roommate Agreement is available as a PDF for easy printing.
Purple bold or strikethrough language indicates changes under SB107 (Wis. Act 108). These apply to leases written after 12/21/11 or events that occur after that date, unless otherwise indicated in your lease. Have your lease available when calling the Tenant Resource Center so we can help you know what your rights are.
Red bold or strikethrough language indicates changes under SB466 (Wis. Act 143). These typically apply to leases written after 3/31/12 or events that occur after that date, unless otherwise indicated in your lease. Have your lease available when calling the Tenant Resource Center so we can help you know what your rights are.
IMPORTANT NOTE: Language adopted in SB466 or 2011 Wis. Act 143 indicates that any violation of chapter 704 may be an unfair trade practice and therefore entitled to double damages, court costs and reasonable attorney fees.
704.95 "Practices in violation of this chapter may also constitute unfair methods of competition or unfair trade practices under s. 100.20.”
This is in addition to the double damages, court costs and reasonable attorney fees that were allowed under DATCP 134. This means that any violation of tenant-landlord law by the landlord could be entitled to double damages, court costs and reasonable attorney fees.
Check Out Potential Roommates
Roommates significantly affect each others' lives emotionally and financially. Choose your roommates carefully and work with them if problems occur.
If you will be living with roommates whom you do not know, ask the landlord to let you sign a separate lease. The lease should make you responsible only for your share of the rent and for damages caused by you or your guests. Landlords may, but do not have to let you and your roommates sign separate leases.
Do not assume that a best friend will make a great roommate. After you have signed a lease you may discover that you have different ideas about cleaning, parties, bills or other issues which could become major problems. By then your only options will be to negotiate some compromises, sublet, wait until the lease ends or hope your landlord put an illegal clause in your lease that allows makes youre lease void and unenforcible. Wis. Stat. 704.44 See Breaking your lease.
To prevent roommate conflicts, you should discuss the issues described below with all prospective roommates and sign a roommate agreement.
Roommate Agreements
Since roommates who sign one rental agreement are jointly and severally liable under that agreement, it is a good idea to spell out some basic rules in a roommate agreement. "Joint and several liability" means that any or all roommates can be held responsible when any roommate fails to meet obligations under that rental contract, such as not paying rent, violating a lease clause or damaging the apartment. Sample Roommate Agreement
The roommate agreement should establish each roommate's obligation to the others. All roommates should sign and date the agreement and get a copy. Some items to include in a roommate agreement include are:
Rent
- Will one person pay the rent or will each roommate send a separate check to the landlord?
- What will happen if one person cannot pay the rent one month?
- Will one roommate pay extra for special privileges such as a parking spot or a bigger room?
If the landlord only wants to accept one check, then work out a payment plan. Make sure the plan is in writing and keep good records.
Shared Bills
- Whose name will be on shared bills (cable, internet, electricity, etc.)
- Will you pay with separate checks?
- Will other people on the lease pay directly to the person whose name is on the bill or to the company involved?
- Does one person have a water bed? An extra air conditioner? Like it warmer in the apartment? Will they then pay more?
- Who will pay any late charges?
Some utility companies let you put several names on the bill. This may encourage all roommates to pay their bills on time.
Household Duties
- Who will be responsible for the following duties:
- taking out the garbage?
- doing the dishes?
- cleaning the bathroom?
- vacuuming the living room?
- other cleaning chores?
- How often will the apartment be cleaned?
Other Important Questions to Consider...
Dispute Resolution
- How will you deal with problems if any occur?
Destruction of Property
- What will happen if property in the apartment is destroyed?
- Will everyone be equally responsible or will you agree that the person who broke/destroyed the property will be responsible?
Security Deposit
- Who paid the security deposit and to whom will the security deposit be returned? This is best done in writing so the landlord knows who to return it to. Otherwise, the landlord will return one check with all your names on it. ATCP 134.06(2)(d)
- What happens to a roommate's security deposit if they sublet?
In the City of Madison, the landlord must disclose in writing how the security deposit will be returned to roommates.
Subletting
- What policy do the roommates have regarding subletting?
- Roommates can sublet only with the consent of all other roommates. Do the roommates agree not to withhold their consent unreasonably?
Guests
- Are overnight guests allowed?
- When, how often, and for how long may guests visit?
- Where will overnight guests sleep?
Quiet Hours
- What hours, if any, will be designated as quiet hours?
Parties
- Will parties be allowed?
- Will alcohol be served?
- What size, when, and how often will parties be allowed?
Bedrooms
- What bedrooms will the roommates occupy?
- Will roommates be switching bedrooms at any point during the lease?
- Will those with larger rooms pay more rent?
- Will those sharing a room pay less rent?
Shared Belongings
- Will any of the following items be shared: food, clothing, DVDs, books, dishes or any other property?
Privacy
- How much privacy do all roommates want in their bedrooms?
- What about in the rest of the apartment?
Smoking
- Will smoking be permitted in the apartment? If so, when and where?
Pets
- Will any of the roommates have pets?
- What types of pets are acceptable?
- Who is responsible for taking care of any pets?
Messages/Mail
- Where will you leave messages and mail?
Other
- Are there any other issues that are important to you and your roommates?
If you have any further questions, please call Tenant Resource Center.
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