If you are renting a property with one or more people, you can use a Co-Tenancy Agreement to help ensure that your living situation is harmonious. A Co-Tenancy Agreement helps you avoid misunderstandings by specifying which things each roommate is responsible for.
Similar to a rental agreement, you can use a Co-Tenancy Agreement to establish each roommate's responsibilities, including the payment of utilities, repairs, rent payments, and other expenses. A Co-Tenancy Agreement can also be used to define the house rules everyone is expected to follow, so that each roommate knows what to expect. A copy of all written agreements with the landlord, including the Lease Agreement, should be attached to this document.
When to use a Co-Tenancy Agreement:
You're about to rent a property with someone else, and want to establish the respective responsibilities of each co-tenant.
You're getting a new roommate.
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Sample Co-Tenancy Agreement
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This Agreement was reached on between (among) the following persons:
, , , , and , , , individually Co-Tenant and collectively referred to as Co-Tenants.
WHEREAS, Co-Tenants signed a Lease dated regarding the property located at , , , called from now on in this Agreement "the dwelling," from , , , , , (from now on in this Agreement called "the Landlord"), for a term lasting from through . A copy of the original Lease Agreement is attached and incorporated herein. A security or damage deposit totaling was paid to , owner or manager of the dwelling. As per the Lease, a rental payment of is due each month.
WE AGREE THAT:
1.Lease and Rules:
Each Co-Tenant agrees to abide by the terms of the Lease Agreement entered into with the Landlord, and by all rules, and conditions set out in the Lease Agreement or in any other document signed and entered into with the Landlord and the local laws and ordinances where the dwelling is located.
The Co-Tenants agree to share the cost of rent as follows:
shall be responsible for and shall be responsible for . Each Co-Tenant agrees to pay his or her portion of the rental payment prior to the payment deadline set by the Landlord. Each Co-Tenant further agrees to individually assume responsibility and pay any fees or charges assessed due to late payment cause by his or her failure to timely pay a portion of the rental payment.
Each Co-Tenant agrees to pay his/her share of the rent as set forth in the first paragraph of this Agreement and also paragraph 13 of this Agreement.
UTILITIES AND SERVICES. shall be responsible for all utilities and services incurred in connection with the Premises.
The Co-Tenant's further agree to divide the following expenses as stated herein:
General Damages - The parties will equally divide the cost of repair for any damages to the property not attributed to a specific Co-Tenant or a Co-Tenant's guest. The Co-Tenant's agree each Co-Tenant is solely and individually responsible for damages to the property cause by himself or herself and any guest of the Co-Tenant.
General Maintenance and Upkeep -
Each Co-Tenant agrees to remain a resident of the premises during the full term of the tenancy with the Landlord, and to continue to pay his or her share of all of the payments under this Agreement unless either of the following conditions occurs:
a.The Co-Tenant (to be called from now on in this section of the Agreement "the old tenant"), at his or her own expense, locates another tenant (to be called from now on in this Agreement "the new tenant") to take over the old tenant's share. The new tenant will not be permitted to move in to the property unless the new tenant is acceptable to the other Co-Tenant and to the Landlord. But the Co-Tenants agree that they will not be unreasonable in refusing to consent to a new tenant. The new tenant must sign a copy of this Agreement prior to moving in and agrees to be bound by the terms of this Agreement.
b.The other Co-Tenants agree in writing to release the old tenant from this Agreement.
5.Security or Damage Deposit:
The Co-Tenants agree that their claim to the security deposit or any remainder that the Landlord may refund is to be shared pro rata.
Co-Tenants sharing rented premises are "jointly and severally" liable under a Co-Tenancy Agreement. This means a Landlord can pursue one or all of the Co-Tenants for items such as outstanding rent, cleaning, damages, etc. It is advisable that Co-Tenants develop adequate arrangements for the payment of the rent and household bills when they enter into a Co-Tenancy agreement. If one of the Co-Tenants fails to pay their share of the rent and the Landlord does not receive all rent due, the Landlord may hold all Co-Tenants responsible for payment and any late fees. However, each Co-Tenant agrees to indemnify and hold harmless the other Co-Tenant against charges, penalties or fees assessed due to his or her actions or failure to act.
7.Long Distance Telephone:
Each Co-Tenant shall keep a record of his or her own long distance telephone calls and shall pay for his or her own long distance telephone calls.
8.Repairs and Improvements:
No repairs or improvements to the dwelling in excess of shall be undertaken unless unanimously agreed to in writing by the Co-Tenants.
Co-Tenants shall abide by the pet rules established by the Landlord and the locality where the dwelling is located. Should a Co-Tenant separately own and keep a pet on the premises that Co-Tenant will be solely responsible for any charges, fees or damages accrued due to the pet's occupancy of the Property.
11.Agreement with Landlord:
This Agreement in no way modifies the Lease Agreement between the Landlord and the Co-Tenants. This Agreement only defines the relationship among or between the Co-Tenants.
Each Co-Tenant is responsible for all obligations set forth in this Agreement. Should a Co-Tenant pay a difference, part difference or entire bill in excess of his or her share as defined herein, he or she shall be entitled to repayment from the other Co-Tenant.
Even if some party to this Agreement breaks this Agreement, this Agreement shall remain in effect for all parties to this Agreement unless released according to the Terminating Tenancy clause of this Agreement. This Agreement can only be cancelled or changed in writing signed by all Co-Tenants and all new tenants, but the signatures of old tenants (as that term is used in this Agreement) shall not be necessary. This does not mean that anyone has the right to throw anyone else out of the dwelling without due process.
This Agreement shall be interpreted under the laws of the State of .
All previous Co-Tenancy Agreements between these same parties are cancelled, but any money any party owes any other party under such Agreement is still owed. The party who owes such money agrees to pay it to the party he or she owes it to.
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Co-Tenancy Agreement FAQs
What does co-tenant mean?
Co-tenants are two or more individuals that rent one unit. Co-tenants may be listed on the same lease, or they may have separate leases. Co-tenancy can arise within a residential unit or in a shared commercial property.
Is a roommate considered a tenant?
Yes, if your roommate signed the Lease Agreement with you, they are a co-tenant on that lease. If your roommate signed a Sublease Agreement that you drafted separately, they are a sub-tenant.
How do I write a rental agreement?
Unlike a typical rental agreement, a Co-Tenancy Agreement does not establish a landlord-tenant relationship. If you wish to make a rental contract for a group of co-tenants or roommates, you may wish to use a Lease Agreement or a Room Rental Agreement , depending on the circumstances.
Is a 5 year lease legal?
It depends. Some states have restrictions on the length of a lease. For example, Florida does not allow for leases longer than two years. California, on the other hand, does not have a limit as to how long a lease can be. In some cases, landlords who are interested in securing a longer-term rental may offer a decreased monthly rental payment in exchange for a longer lease.
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