What to Include in a Homemade Cohabitation Agreement for Roommates

While children and property rights might not be on the forefront of your mind, most cohabitation agreements available (as well as guidelines on how to create them) cater toward cohabitating couples. So what about platonic roommates? How can they make sure that living together is a peaceful venture? To ensure your own peace of mind in a loveless living arrangement, ask yourself the following questions as you create a homemade cohabitation agreement especially for roommates.

Question #1: How often will the non-lessee pay rent? If the rental lease is in your name, you may have assumed that your roommate would automatically pay their portion of the housing cost at the beginning of the month. However, once moved in, a roommate may try to argue arranging payments for the same amount but less frequently (example: paying $1000 every two months rather than $500 per month). Be wary of such a proposition. Without an agreement on the regularity of payments, you may find yourself having to foot the entire bill more often than not. Not only that, but if the irregular payment is missed for even an acceptable reason, you may face having to come up with a much larger sum than if only one month's commitment had been missed.

Question #2: What payments will be sought should an early move-out occur on behalf of either party? Platonic roommates leave their friends in the dust at the drop of a hat on a regular basis. Ensure that your cohabitation agreement includes information on monetary compensation requirements in the case of such an event (think remaining rent, utility, and upkeep expenses).

Question #3: Will payment of rent and utilities be divided equally or based upon income percentages? If you need a little extra help paying for your monthly expenses but your potential roommate can't quite commit to paying half, consider creating a cohabitation agreement based on income percentages. In other words, whoever makes more, pays more. You can make such an agreement permanent or allow a little flex room should increases in salaries occur for either party.

Question #4: What exactly will the minimum payments be for each roommate? Prices for rent, food, and utilities rise quite often. Consider basing your minimum requirements on percentages here, as well, in order to make room for cost of living increases.

Question #5: What are the house guest rules? Not too thrilled about the thought of seeing your roommate's boyfriend every single night? Clearly outline guest rules, including limitations on length of stay, curfews to be observed, and number of guests allowed at one time on both weekdays and weekends.

Question #6: How will food bills and storage be handled? If the thought of spending $200 on groceries just to have your roommate give half of them to his buddies during Monday Night Football doesn't appeal to you, include grocery rules in your cohabitation agreement. On top of that, agree to allocate and label cabinet, refrigerator, and freezer shelves. A quick tip: Save your grocery receipts to prevent "confusion" over exactly who bought, regardless of stipulations in your written agreement.

Question #7: What restrictions will be in place for alcohol and tobacco use? If you're a smoker and your roommate is not, you can bet on a nasty argument ensuing when you light up in the living room. The same rule applies to drinking. Even if you both smoke and/or drink alcohol, you both may have different frequencies at which you do, as well as different views on how such practices should take place within one's home. Set the rules ahead of time in your cohabitation agreement.

Question #8: Will each roommate have specially designated "sole use" days each month or year? Many roommates come across times each year when extended personal use of the house for visitors is requested on the behalf of one party (such as at holidays and on special occasions such as graduations). As such, it may be wise to have special "sole use" days set in place in your cohabitation agreement in which one roommate may have the house open for family (and in which the other roommate will be expected to make other arrangements for a few days).

Questions #9: What will be considered "abuse" of shared home belongings? Obviously, if you paid for the couch, your roommate will have to pay for it if he/she destroys it. However, some items may be purchased jointly, and as such it may be wise to include an "abuse" policy in your cohabitation agreement that outlines what behaviors constitute abuse of property and will require the abuser to provide compensation.

Question #10: What will be your agreed upon furniture/appliance/hardware replacement policies? Just because you think the refrigerator is in dire need of being replaced, doesn't mean your roommate will be willing to shell out the cash for a new one. Have replacement standards in place for all shared property, whether purchased by the both of you or not.

Question #11:Who will foot the bill in case of excessive utility usage? When an unusually high utility bill comes in, pointing fingers will do little good. Have a pre-set "excessive" amount listed for all utility charges in your cohabitation agreement with your roommate, as well as guidelines on how to handle the situation appropriately.

Question #12: What rules will be in place for all present and future pets? Just because your roommate didn't have a pet when you moved in together doesn't mean he/she won't surprise you with a cuddly little terror six months down the road. Specify in your cohabitation agreement not only whether pets are allowed, but also what pets are prohibited at all times and how payment for damaged carpet, furniture, and other property will be handled should a pet cause a problem.

Finally, be sure that any homemade cohabitation agreements between you and your roommate include clear entrance and exit dates (preferably in line with the lease agreement). Also be sure to always, without fail, have cohabitation agreement signed and dated in the presence of a notary public.