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Georgia Roommate Agreement

A Georgia room rental agreement (or “roommate agreement”) is a contract that allows a tenant to share a dwelling with one or more co-tenants. This agreement lays out the rules and responsibilities for those sharing the space.This documentation outlines the requirements and considerations for creating a roommate agreement in Georgia, based on the provided source material. It includes definitions, guidelines for writing an agreement, and information on resolving disputes among roommates.

Georgia Roommate Agreement

Georgia Roommate Agreement

Types of Roommate Arrangements in Georgia

There are three basic types of roommate situations recognized by law in Georgia:

Co-Tenancy

  • All roommates are on the same lease.
  • They pay rent to the same landlord and share equal responsibility for the lease terms.
  • Co-tenants generally do not have the power to evict one another; they must go to the landlord for misconduct issues.

Subtenancy

  • The original tenant acts as the landlord to the roommate (subtenant).
  • The original tenant receives rent from the subtenant and is responsible for resolving rental issues.
  • The original tenant can typically evict the subtenant for misconduct, and the landlord can also evict the subtenant.

At-Will Tenancy / Guest Tenancy

  • This is an informal arrangement between the original tenant and the roommate, with or without the landlord’s consent.
  • In Georgia, this arrangement can last up to one month or until the roommate contributes significantly to rent or upkeep.
  • After this period, the roommate is considered a subtenant, requiring formal eviction processes for removal.

Writing a Georgia Room Rental Agreement

To create a roommate agreement, consider the following guidelines:

  1. Identify Parties: Specify who is making the agreement, the property location, and the landlord’s details, including contact information for all parties.
  2. Lease Term: Note the term of the existing lease and the duration of the roommate agreement.
  3. Security Deposit: Discuss how to split the security deposit and establish rules for its return or deductions.
  4. Rent Payment: State the total rent amount and how it will be divided among roommates.
  5. Utility Payments: Determine how utility payments will be split and who will be responsible for sending payments.
  6. Lease Violations: Set rules for handling violations of the lease or roommate agreement and what happens if someone needs to move out early.
  7. House Rules: List house rules regarding food, cleaning, guests, etc.
  8. Room Assignments: Divide bedrooms and specify shared and non-shared areas.
  9. Signatures: Ensure all parties sign and date the agreement, and attach the completed landlord consent form.

Lease Violations in Roommate Situations

Roommates, as co-tenants, are “jointly and severally liable” for the lease terms. This means:

  • Each co-tenant is fully responsible for adhering to the lease.
  • The landlord can pursue full recovery from any co-tenant for violations.
  • If a roommate leaves without paying their rent, the landlord can demand the full amount from the remaining roommates.

If the 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 Georgia

In the event of a dispute, the lease takes priority over the roommate agreement. This limits the enforceability of house rules in a court of law. For disagreements not related to the lease, co-tenants may consider using a binding and neutral third-party service, such as a mediator or arbitrator, to resolve issues.

Statutes

FAQs

A Georgia roommate agreement is a written contract that outlines the terms and responsibilities of roommates sharing a dwelling. It helps prevent misunderstandings and disputes by documenting agreements on rent, utilities, and house rules, thus maintaining a friendly living situation.

Key components of a Georgia room rental agreement include the names and contact information of all parties, the lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations or early move-outs.

Co-tenancy means all roommates are on the same lease with equal responsibilities to the landlord, while subtenancy involves one original tenant acting as the landlord to a subtenant. In co-tenancy, all roommates share liability for lease violations, whereas in subtenancy, the original tenant has more control over the subtenant’s tenancy.

Roommates can resolve disputes by referring to their lease, which takes priority over the roommate agreement. For disagreements not related to the lease, they may consider using a neutral third-party mediator or arbitrator to facilitate a resolution.

If one roommate fails to pay their share of the rent, the landlord can demand full payment from any of the co-tenants, as they are jointly and severally liable for the lease terms. This means that all roommates are responsible for ensuring the rent is paid in full.

In Georgia, guests can typically stay for up to one month without being on the lease, but if they contribute to rent or upkeep, they may be considered a subtenant. Landlords can limit guest stays and may evict if the original tenant violates guest rules.

If a roommate needs to move out early, the roommate agreement should outline the procedures for this situation, including how to handle rent payments and security deposits. It’s important to communicate with all parties involved and possibly seek landlord consent if necessary.