Overview of Room Rental Agreements
Room rental agreements are legally binding contracts between the owner of a property (the landlord) and the person living in the property in exchange for rent. In general, these agreements are specifically designed for full-time professional tenants, as opposed to short-term sublease agreements. The contract should come in both verbal and written form, but only verbal contracts are enforceable in Louisiana. However, you should avoid them because they are complicated and often challenged. Every agreement should be in writing so that the landlord can prove why they required the tenant to leave . The written agreement:
Since most landlords live in the rented home with their tenants, this can create issues if the tenant doesn’t move out when expected. Additionally, not paying rent or not following the leasing terms are additional reasons to explain the eviction. Landlords will protect themselves with an eviction notice if they ask the tenants to leave without an effective lease. Some example terms that you would find in a room rental agreement would be:
A room rental agreement is an essential tool for both landlords and tenants. It will help everyone out in the long run.
Essential Features of a Room Rental Template
The primary goal of a room rental contract template should be clarity. It should clearly stipulate what you expect from the person you are renting a room to and the responsibilities on your side as the host. The following are some essential components of an agreement:
Contact Information – The room rental agreement should start with all parties involved and their contact information (telephone number, email address, and physical address). If you have a landlord, you might also need to include their contact details. In addition, there should be a section for any other occupants in the house.
Rental Period – Be sure to include when the room rental starts, how long it lasts for, and if it will continue indefinitely until terminated. You should also clearly spell out what will happen if either party wishes to terminate the agreement.
Rental Payments – The contract template should clearly indicate the amount to be paid, when to be paid, and where the money should go to (if paying by direct deposit, for example, the funds may be transferred to your bank account).
House Rules – House rules are the requirements and expectations regarding your home without being too strict (but reflect your expectations). It can include things like visitors, smoking, cleaning the bathroom and kitchen, and curfew. Make these rules just for the room rental occupant or include those for the rest of the house too.
Maintenance – Specify the things you’ll do (such as providing cleaning tools) and what you expect the other party to do (like taking care of the trash and cleaning weekly). You may want to indicate how routine maintenance will be handled.
Damage – The room rental contract should also have a section about the damage deposit. How much is it and when does the payment need to be made? How do you plan on handling the return of this deposit?
How to Edit a Room Rental Template
Many room rental agreements available online provide templates with specific spaces designed for renters to fill in information. We encourage landlords to take advantage of these templates, but it’s a good idea to add in additional clauses that are specific to your situation or state and local law, so long as it complies with local law. The following are just a few of the ways to customize a room rental agreement:
● Adopt into your room rental agreement any fees that your state or city may impose on landlords for having a rental agreement, along with any required disclosures. For example, in San Francisco, landlords must be provided a copy of and access to the San Francisco Residential Rent Stabilization and Arbitration Boards Regulations Related to Violations of the Rent Ordinance.
● Include where and when rent is due (i.e., by check, on the 1st through the 5th of each month, to the landlord or property management, etc.). If copying the rental payment requirements from a rental agreement is desirable, be sure to require the same methods of payment, including the same rent due dates, for the room rental agreement.
● Delete any provisions that are not applicable. For example, if there are not any guests staying that the landlord should be aware of (maybe because the room rental is for one person and not a couple) there is no need for a guest policy.
● If you have knowledge of any peculiarities about your space, make an agreement to avoid potentially costly issues down the line. For example, if the space lacks a window, you should discuss this with your tenant to possibly include a clause in the room rental agreement if required by state or local law. Many jurisdictions permit windowless bedrooms, but many proscribe how a room rental may be occupied if there is no window, or a minimum amount of ventilation may be specified or a good faith effort to establish ventilation may be required.
● Decide whether the full deposit may be used to pay for the last month’s rent, in order to avoid a space becoming a no-ren
● Remember, a room rental agreement is just that – an agreement between the parties, evidenced in writing. The courts and agencies that hear disputes do so by determining what the parties intended. There aren’t always hard and fast rules. However, you should ensure that you comply with any state or local requirements, and have written evidence of your intent to be better prepared to successfully present your case.
Common Pitfalls in Room Rental Agreements
When creating your room rental agreement, avoid these common mistakes: Mistake #1: Skipping on the details – Many room rental agreements are written incompletely or vaguely. It’s important for your rental agreement to have as many details as possible concerning your expectations of your tenants who are living in your home. Include anything and everything you expect of your tenants including the following: Mistake #2: Weak language – It is imperative that your agreement uses strong language concerning your right to enter the room or common areas; that you maintain the right to terminate the agreement and require the tenant to vacate the premises upon written notice if necessary. Leaving any ambiguity in your rental agreement concerning this aspect of renting a room in your home may lead to trouble getting a tenant out of your home should a dispute arise . It’s best to have a vacancy in your home than a disgruntled tenant who won’t leave. Mistake #3: Deleting clauses – Oftentimes, people think that they can delete certain clauses of a rental agreement because they don’t apply to them. For example, many room rental agreements contain clauses related to pets, fees, such as pet fees, and eviction or termination for violating the terms of the agreement. Because you don’t have a pet, don’t have a problem with pets, or don’t believe that any fee will apply to you, it may be tempting to delete those clauses. However, it’s best to keep these clauses in the agreement for those situations in which you may change your mind. If there is ever any need to protect yourself, having a complete, detailed, and thorough rental agreement will save you time and trouble and money from avoiding costly litigation to remove a tenant from your home.
Resources for Room Rental Contract Templates
When it comes to creating a solid room rental agreement, there are various ways in which you can acquire a dependable template. There are free and paid options that could help you in this process. However, it’s important to choose a template that is comprehensive and specific to your location. You want to protect your interests as a landlord, and it’s also vital to adhere to all local ordinances. With that said, here are some of the best options for room rental contract templates.
The internet is full of resources. Searching through legal websites can prove that you don’t have to pay for a template when you can find some that are completely free to use. Some templates might be over-inclusive, so if you’re looking for something that’s more specific to your location, search for terms like "room rental contract [your state or city name here]" and take your pick of the results.
You could spend hours trying to create a room rental contract template yourself, but unless you’re a lawyer, you’d be better off finding one made by an experienced professional. Hiring a lawyer to draw up your rental contract is the best option for someone who is trying to protect his or her interests. And regardless of whether you’re using a free template found online or a contract made by a lawyer, you should make sure to tailor it as much as possible for your location and the unique situation.
Room Rental Agreement FAQs
Here are some frequently asked questions regarding room rental agreements:
1. How long does a room rental agreement last?
The duration of the room rental agreement is up to the parties involved. Most agreements will have a specific start date and a specific "end of the term" date that the agreement lasts until. Many landlords will have the rental agreement last for one month, so that they can review and set a new rental amount for the next month if they want. Also, many room rentals are only for a short period of time, where the tenant is there for a few weeks at most.
2. Can I change terms in the agreement after it is signed?
Most room rental agreements will either be able to be modified after both parties agree or fall under a "no oral modification" clause, which means that any modifications must be put in writing and signed by both parties to be enforceable . However, even if your room rental agreement does not have a "no oral modification" clause, it’s almost always best to have the changes in writing with both parties signatures.
3. Is a verbal room rental agreement enforceable?
While most room rental agreements do have a "no oral modification" clause, and in practice it is always best to have all modifications in writing, a verbal room rental agreement is mostly enforceable if you have either one party that did what they were supposed to do under the oral agreement or a witness that heard the agreement. The idea is that if one party has a witness to the oral agreement, that the agreement is just as enforceable as an agreement in writing. However, to reiterate, it is always best to have all agreements that change the terms of the rental agreement be in writing.