Florida Roommate Agreement
A Florida room rental agreement, commonly referred to as a roommate agreement, is a contract that allows tenants to share a dwelling with one or more co-tenants. This agreement establishes rules and responsibilities for those sharing living space. All co-tenants are on the same lease and share equal responsibilities to the landlord. If one co-tenant violates the lease rules, all co-tenants are liable.
Florida Roommate Agreement
Quick Guide to Writing a Florida Room Rental Agreement
- Parties Involved: Specify who is making the agreement, the property location, and the landlord’s identity. Include current contact information for all signatories.
- Lease Term: Note the term of the existing lease and the duration of the roommate agreement.
- Security Deposit: Discuss how to split the security deposit among roommates and establish rules for its return or deductions.
- Rent Payment: State the total rent amount and how it will be divided among roommates.
- Utility Payments: Determine how utility payments will be split and who is responsible for making payments to utility companies.
- Violation Rules: Set rules for lease or roommate agreement violations and outline procedures for early move-outs.
- House Rules: List any house rules regarding food, cleaning, guests, etc.
- Room Assignments: Divide bedrooms and specify which areas will be shared or private.
- Signatures: Have all parties sign and date the agreement, and attach a completed landlord consent form.
Types of Roommate Arrangements in Florida
Understanding the definition of a roommate is crucial before signing a roommate agreement. There are three basic legal classifications of roommate situations:
Co-tenancy
In a co-tenancy arrangement, all roommates are on the same lease, pay rent to the same landlord, and share equal responsibility for adhering to lease terms. Co-tenants cannot evict one another and must involve the landlord in cases of misconduct.
Subtenancy
In a subtenancy, the original tenant acts as the landlord to the roommate (subtenant). The original tenant receives rent from the subtenant and is responsible for addressing any rental issues. The original tenant can typically evict the subtenant for misconduct, while the landlord retains the right to evict the subtenant as well. Subleasing generally requires the landlord’s permission and is often prohibited without it.
At-Will Tenancy / Guest Tenancy
This informal arrangement occurs when the original tenant and the roommate have a guest relationship, with or without the landlord’s consent. In Florida, this arrangement can only last a short time; after seven consecutive days or 14 days total within six months, the roommate is considered a subtenant under the original tenant. Landlords can impose limits on guest stays and may evict if the original tenant violates guest rules.
Lease Violations in Roommate Situations
As co-tenants, roommates are “jointly and severally liable” for the original lease terms. This means any co-tenant can be held fully responsible for lease violations. For example, if one roommate fails to pay their share of the rent, the landlord can demand full payment from any of the co-tenants. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.
Resolving Roommate Disputes in Florida
In the event of a dispute, the original lease takes precedence over the roommate agreement. This limits the enforceability of house rules regarding food sharing, chores, and quiet hours in a court of law. Co-tenants with disagreements unrelated to the lease may consider using a binding and neutral third-party service, such as mediation or arbitration, to resolve their issues.
Statutes
- Fla. Stat. § 83.201 – Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent
- Fla. Stat. § 83.46 – Rent; duration of tenancies
- Fla. Stat. § 83.47 – Prohibited provisions in rental agreements
- Fla. Stat. § 83.48 – Attorney fees
- Fla. Stat. § 83.49 – Deposit money or advance rent; duty of landlord and tenant
- Fla. Stat. § 83.51 – Landlord’s obligation to maintain premises
- Fla. Stat. § 83.53(2) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.53(2b) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.53(2d) – Landlord’s access to dwelling unit
- Fla. Stat. § 83.55 – Right of action for damages
- Fla. Stat. § 83.56(2) – Termination of rental agreement
- Fla. Stat. § 83.56(3) – Termination of rental agreement
- Fla. Stat. § 83.57 – Termination of tenancy without specific term
- Fla. Stat. § 83.595 – Choice of remedies upon breach or early termination by tenant
- Fla. Stat. § 83.60 – Defenses to action for rent or possession; procedure
- Fla. Stat. § 83.64 – Retaliatory conduct
- Fla. Stat. § 83.67(1) – Prohibited practices
- Fla. Stat. § 83.67(2) – Prohibited practices
- Fla. Stat. § 83.67(4) – Prohibited practices
- Fla. Stat. § 83.67(5) – Prohibited practices
- Fla. Stat. § 83.67(6) – Prohibited practices
- Fla. Stat. § 83.682 – Protection Against Retaliation for Servicemembers
- Fla. Stat. § 715.104 – Notification of former tenant of personal property remaining on premises after tenancy has terminated
- Fla. Stat. § 715.105 – Form of notice concerning abandoned property to former tenant
- Fla. Stat. § 715.106 – Form of notice concerning abandoned property to owner other than former tenant
- Fla. Stat. § 95.11 – Limitations other than for the recovery of real property (5 years)
- Fla. Stat. § 95.11– Limitations other than for the recovery of real property (4 years)
- Fla. Stat. § 68.065 – Actions to collect worthless payment instruments; attorney fees and collection costs
- Fla. Stat. § 404.056(5) – Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules
FAQs
A Florida roommate agreement is a contract between individuals sharing a residence, outlining their responsibilities regarding rent and other expenses. It is binding upon signing and ensures that all roommates are accountable to one another under its terms.
Key components include the parties involved, property details, lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations or early move-outs.
Co-tenancy refers to a situation where all roommates are on the same lease with the landlord, sharing equal responsibility for the lease terms. This means that if one roommate fails to pay rent, the landlord can seek full payment from any of the co-tenants.
Roommate disputes can be resolved by referring to the original lease, which takes priority over the roommate agreement. For disagreements not related to the lease, roommates may consider mediation or arbitration with a neutral third party.
If one roommate violates the lease terms, all co-tenants are jointly and severally liable. This means the landlord can pursue full recovery from any of the roommates for unpaid rent or other lease violations.
Co-tenancy involves all roommates being on the same lease with equal responsibilities, while subtenancy occurs when one tenant rents out part of the property to another, making the original tenant the landlord to the subtenant. Subtenancy typically requires the landlord’s permission.
In Florida, if a guest stays for more than seven consecutive days or 14 days total within six months, they may be considered a subtenant under the original tenant. This can lead to legal responsibilities and potential eviction if the original tenant violates guest rules.
Roommates should agree on how to split utility payments and designate who will be responsible for sending payments to the utility companies. This should be clearly outlined in the roommate agreement to avoid confusion.