Idaho Roommate Agreement
An Idaho room rental agreement, commonly referred to as a roommate agreement, is a contract that allows individuals to share a dwelling as co-tenants. This agreement outlines the rules and responsibilities for those sharing the living space, ensuring that all parties are aware of their obligations.
Idaho Roommate Agreement
Quick Guide to Writing an Idaho Room Rental Agreement
- Parties Involved: Clearly specify who is entering into the agreement, the location of the property, and the landlord’s identity. Include current contact information for all parties involved.
- Lease Term: Indicate the duration of the existing lease and how long the roommate agreement will be in effect.
- Security Deposit: Discuss how the security deposit will be divided among the roommates and establish rules regarding its return or any deductions.
- Rent Payment: State the total rent amount and how it will be split among the roommates.
- Utility Payments: Determine how utility payments will be divided and specify who will be responsible for making payments to the utility companies.
- Lease Violations: Establish rules for handling violations of the lease or roommate agreement, and outline procedures for any roommate’s early departure.
- House Rules: List any house rules regarding food sharing, cleaning responsibilities, guests, and other communal living aspects.
- Room Assignments: Allocate bedrooms and decide which areas will be shared or remain private.
- Signatures: Ensure that all parties sign and date the agreement, and attach a completed landlord consent form.
Types of Roommate Agreements in Idaho
Understanding the implications of being a roommate is essential before signing a roommate agreement. The law recognizes three primary types of roommate situations:
Co-Tenancy
In a co-tenancy arrangement, all roommates are on the same lease and share equal responsibilities to the landlord. This means that if one co-tenant fails to comply with the lease terms, the other co-tenants are also liable for the violation. Co-tenants typically do not have the authority to evict one another; any issues of misconduct must be addressed with the landlord.
Subtenancy
In a subtenancy arrangement, the original tenant serves as the landlord to the roommate (subtenant). The original tenant collects rent from the subtenant and is responsible for addressing any rental issues. The original tenant typically has the authority to evict the subtenant for misconduct, and the landlord retains the right to evict the subtenant as well. Subleasing generally requires the landlord’s permission.
At-Will Tenancy / Guest Tenancy
This informal arrangement exists between the original tenant and the roommate, with or without the landlord’s consent. Idaho law does not specify the duration of this arrangement, but it typically transitions to subtenancy within several weeks to one or two months, necessitating a formal eviction process for removal. Landlords can impose limits on how long a guest may stay without being on the lease and can evict if the original tenant violates guest rules.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the terms of the original lease. This means that any co-tenant can be held fully responsible for lease violations. For example, if one roommate fails to pay their rent, the landlord can seek 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 assumes liability for any violations committed by the roommate.
Resolving Roommate Disputes in Idaho
In the event of a dispute, the original lease takes precedence over the roommate agreement. This limitation often affects the enforceability of house rules regarding food sharing, chores, and quiet hours in a court of law. Roommates with disagreements unrelated to the lease may consider using a binding and neutral third-party service, such as a mediator or arbitrator, to resolve their issues.
Idaho Roommate Agreement Form
An Idaho roommate agreement form provides a written framework for the terms and conditions governing the cohabitation of roommates. It is important to note that a roommate contract only holds power between the roommates. A roommate who has not entered into a lease with the landlord does not possess any true rights to rent the property.
Rental Application
A rental application is utilized to verify the financial capability, employment status, background, and previous landlord history of a potential tenant or roommate.
Statutes
- Idaho Code § 55-208 – Termination of Tenancy At Will
- Idaho Code § 55-210 – Right of Reentry
- Idaho Code § 5-216 – Action on Written Contract
- Idaho Code § 5-217 – Action on Oral Contract
- Idaho Code § 6-303(2) – Unlawful Detainer Defined
- Idaho Code § 6-303(3) – Unlawful Detainer Defined
- Idaho Code § 6-305 – Jurisdiction of District Court
- Idaho Code § 6-320(a)(6) – Action for Damages and Specific Performance by Tenant
- Idaho Code § 6-321 – Security Deposits
- Idaho Code § 6-324 – Attorney Fees
- Idaho Code § 55-307(1) – Change in Terms of Lease – Notice – No Rent Control
- Idaho Code § 1-2301(A) – Drawing Check Without Funds or Insufficient Funds – Civil Liability
FAQs
An Idaho roommate agreement is a contract that outlines the terms and conditions for tenants sharing a dwelling. It is important because it establishes rules for co-tenants, clarifies responsibilities, and helps prevent disputes by setting expectations for rent, utilities, and house rules.
Co-tenants in Idaho are jointly and severally liable for the lease terms, meaning each tenant is fully responsible for the entire rent and compliance with the lease. If one tenant fails to pay their share, the landlord can seek full payment from any of the co-tenants.
Roommates should agree on how to split the security deposit and establish rules for its return or any deductions. This agreement should be documented in the roommate agreement to avoid future disputes.
If a roommate violates the lease or the roommate agreement, the landlord can pursue any of the co-tenants for recovery of damages or unpaid rent. The original tenant may also be held liable if the roommate is not on the lease and the landlord has not consented to the roommate agreement.
Co-tenancy involves all roommates being on the same lease with equal responsibilities. Subtenancy occurs when one tenant rents to another, making the original tenant the landlord. At-will tenancy is an informal arrangement without a lease, which can lead to complications if not properly documented.
Roommates can resolve disputes by referring to the lease, which takes priority over the roommate agreement. For disagreements not related to the lease, they may consider using mediation or arbitration services to reach a resolution.
An Idaho roommate agreement should include details such as the names of all parties, property address, lease term, rent and utility payment arrangements, security deposit handling, house rules, and procedures for moving out or handling violations.
While a roommate agreement can help establish expectations between roommates, house rules and agreements not related to the lease may not be enforceable in court. The original lease terms will take precedence in any legal disputes.