Is this a legal roommate agreement in the state of Florida?

ROOMMATE AGREEMENT

This Roommate Agreement is a legal and binding contract between the following Roommates:

1. Name: ______________________ SSN/DL:_____________________
Permanent Address:
___________________________________________
___________________________________________

2. Name: _______________________ SSN/DL: _____________________
Permanent Address: __________________________________________
__________________________________________

1. Purpose of this Agreement. The purpose of this Agreement is to define the rights and obligations between the Roommates named above while living at _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________.

2. Choice of Law and Forum. This Agreement shall be governed by the laws of the City of Seminole and rules of Seminole Oaks Condo Association. All legal actions brought to enforce this contract shall be brought in the courts of Pinellas County, Florida.

3. Incorporation of the Association. All Roommates shall comply with the Association. Any breach of the Association or Lease Agreement by a Roommate is also a breach of this Roommate Agreement. Where there is a conflict between these Agreements and the Association, the terms of the Association shall have precedence.

4. Rent. Each Roommate shall pay her share of the rent as follows:
____________________________ $_______.____
____________________________ $_______.____
Rent may be adjusted in March and September each year. If the total amount of rent changes, each Roommates will be given at least one month notice of change in terms and rent shall be apportioned among Roommates the following month. If a roommate does not agree with the new terms or does not want to renew for any reason than she must give written notice before February 14 or August 14 and vacate the premises before March 1 or September 1. If no such action is taken than this Roommate Agreement and Lease Agreement is renewed automatically for six months until such notice is given.

________________________________ shall collect the rent and make a single payment.
Full payment shall be paid by personal check, certified check, cashier’s check, money order, or cash at least _____ days before the rent is due. A receipt to any Roommate that requests one shall be granted at time of payment. Upon any Roommate’s second late payment, her rent shall be accelerated by $25.00 and she shall immediately pay the full amount of rent for the remainder of the lease term.

Each Roommate shall pay her rent on time and shall pay in a manner that will provide her with proof of payment such as a receipt or a cancelled personal check. To be valid, the proof of payment shall indicate the name of the payee, the amount paid, and the date received. Each Roommate shall save these receipts until one of the following events occurs: (1) the landlord returns the security deposit without deduction or claim for any rent owed, (2) a settlement regarding unpaid rent is made between the landlord and all of the Roommates, or (3) a claim for unpaid rent is resolved in court. If the landlord claims that rent is late, Roommates shall provide proof of payment to any other Roommate upon request.

Each Roommate is liable for any damages resulting from a failure to pay rent or failure to provide proof of payment and shall indemnify the other Roommates for any damages they sustain due to her breach of this Agreement. Damages include, but aren’t limited to, late fees, interest, the landlord’s attorney fees, and court costs. If the Roommates are evicted, damages also include the moving expenses of the non-breaching Roommates and their costs of a new tenancy, including rent for the remainder of the lease period.

Even if a Roommate vacates the premises, she shall continue to pay her full rent until the lease expires or she is released in writing by all of the other Roommates.

5. Utilities. The Roommates agree to pay those utilities not included in the rent according to the following amounts or shares:

(Roommates>) 1 2 Payors
Phone Service:
LD Phone Service:
Cable Television:
I’m looking for a roommate online and my friend told me because I do not know these people and they will be living in my condo that I should locate the most detailed roommate agreement that I could find to protect myself.

Posted in Landlord Tenant Law.

2 Comments

  1. Looks fine to me, but completely unnecessary. While your friend is right, my experience has been that trying to sign things like this just causes tension and makes roommates suspicious of each other. Most of these things are already assumed by default, so there is no need to sign a separate contract. As long as you both sign the lease, you should be fine.

  2. This looks pretty good. Not sure if Clause 3 would hold up without also making them sign the actual rules of the Association. Also, don’t assume that should you have to sue for breach you will ever actually get your attorney’s costs covered, even though you have them sign that. Not saying you can’t, but it won’t always work.

    Other than that, it looks good, and a wise idea to have them sign. Make sure they read it and understand it, and provide them with a signed copy as well.

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