Louisiana Roommate Agreement
A Louisiana room rental agreement, commonly referred to as a roommate agreement, is a legally binding contract that allows tenants to share a dwelling with one or more co-tenants. This agreement establishes the rules and responsibilities for individuals sharing living space. As co-tenants, all roommates are on the same lease and share equal responsibility to the landlord. If one co-tenant violates lease rules, the others may also be held liable.
Louisiana Roommate Agreement
Quick Guide To Writing a Louisiana Room Rental Agreement
- Parties Involved: Specify who is making the agreement, the property address, and the landlord’s identity. Include current contact information for all signatories.
- Lease Term: Note the duration of the existing lease and how long the roommate agreement will last.
- Security Deposit: Discuss how the security deposit will be split among roommates and establish rules for its return or deductions.
- Rent Payment: Specify the total rent amount and how it will be divided among roommates.
- Utilities: Determine how utility payments will be split and designate who is responsible for making payments to utility companies.
- Lease Violations: Set rules for handling violations of the lease or roommate agreement and outline procedures for early move-outs.
- House Rules: List any house rules regarding food, cleaning, guests, etc.
- Bedroom Assignments: Assign bedrooms and clarify which areas will or will not be shared.
- Signatures: Ensure all parties sign and date the agreement. Attach the completed landlord consent form.
Types of Roommate Arrangements
Understanding the types of roommate arrangements is crucial before signing an agreement:
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Co-tenancy: All roommates are on the same lease, paying rent to the same landlord and sharing equal responsibility for lease terms. Co-tenants typically cannot evict one another without involving the landlord.
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Subtenancy: In this arrangement, the original tenant acts as the landlord to the subtenant, receiving rent and holding legal responsibility for the subtenant’s issues. Subleasing usually requires the landlord’s permission.
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At-Will Tenancy / Guest Tenancy: This informal arrangement may exist with or without the landlord’s consent. Such agreements are not legally enforceable in Louisiana, and only those named on the lease can be held liable for rent and damages.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the lease terms. This means any co-tenant can be held fully responsible for violations. If one roommate fails to pay rent, the landlord can pursue 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 remains liable for any violations committed by the roommate.
Resolving Roommate Disputes in Louisiana
In the event of a dispute, the lease takes precedence over the roommate agreement. House rules regarding shared responsibilities may not be enforceable in court. Co-tenants with disagreements unrelated to the lease may consider mediation or arbitration with a neutral third party.
Statutes
- La. Stat. tit. 9 § 3251 – Lessee’s deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
- La. Stat. tit. 9 § 3252 – Failure of lessor to comply; recovery of amounts by lessee; venue
- La. Stat. tit. 9 § 3253 – Cost’s and attorney’s fees
- La. Stat. tit. 9 § 3259 – Unpaid rent; attorney fees
- La. Stat. tit. 9 § 3260 – Premises rendered uninhabitable; mitigation of damages
- La. Civ. Code art. 2682 – The lessor’s principal obligations
- La. Civ. Code art. 2683 – The lessee’s principal obligations
- La. Civ. Code art. 2688 – Obligation to inform lessor
- La. Civ. Code art. 2690 – Alterations by the lessor prohibited
- La. Civ. Code art. 2692 – Lessee’s obligation to make repairs
- La. Civ. Code art. 2694 – Lesse’s right to make repairs
- La. Civ. Code art. 2703 – When and where rent is due
- La. Civ. Code art. 2720 – Termination of lease with a fixed term
- La. Civ. Code art. 2721 – Reconduction
- La. Civ. Code art. 2723 – Term of reconducted nonagricultural lease
- La. Civ. Code art. 2728 – Notice of termination; timing
- La. Stat. tit. 9 § 2782 – Nonsufficient fund checks; damages, attorney fees
- La. Civ. Code art. 3499 – Personal action
- La. Code Civ. Proc. art. 4701 – Termination of lease; notice to vacate; waiver of notice
- La. Public Health and Safety § 40:506 – Termination of tenancy
FAQs
A Louisiana roommate agreement is a contract that outlines the terms and conditions for sharing a dwelling among co-tenants. It is important because it establishes clear responsibilities and rules for all parties involved, helping to prevent disputes and ensuring that everyone understands their obligations.
Key components of a Louisiana roommate agreement include the identification of all parties, the term of the lease, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations and early move-outs.
Co-tenancy means all roommates are on the same lease and share equal responsibility to the landlord, while subtenancy involves one original tenant acting as the landlord to a subtenant. In co-tenancy, all parties are jointly liable for lease terms, whereas in subtenancy, the original tenant has more control over the subtenant’s rental issues.
Roommates can resolve disputes by referring to the original lease, which takes priority over the roommate agreement. For disagreements not related to the lease, they may consider using a mediator or arbitrator to facilitate a resolution.
If one roommate fails to pay their share of the rent, the landlord can pursue full recovery from any of the co-tenants, as they are jointly and severally liable for the lease terms. This means that the other roommates may have to cover the unpaid portion to avoid eviction.
An at-will tenancy in Louisiana is an informal arrangement that is not legally enforceable. Only individuals named on the lease can be held liable for rent and damages, and eviction of an at-will tenant requires a formal court process, even if the original tenant violates guest rules.
Roommates should agree on how to split the security deposit and establish rules for its return or any deductions. This agreement should be clearly outlined in the roommate agreement to avoid future disputes.
Common house rules in a roommate agreement may include guidelines for food sharing, cleaning responsibilities, guest policies, and quiet hours. These rules help maintain a harmonious living environment and should be agreed upon by all roommates.