Minnesota Roommate Agreement
A Minnesota room rental agreement, commonly referred to as a roommate agreement, is a legal contract that outlines the terms and conditions for tenants sharing a dwelling. This agreement establishes rules for individuals sharing the space and ensures that all parties understand their responsibilities.
Minnesota Roommate Agreement
Key Components of a Minnesota Room Rental Agreement
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Parties Involved: The agreement must clearly specify who is making the agreement, the property location, and the identity of the landlord. It should also include current contact information for all signatories.
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Lease Term: It is essential to note the duration of the existing lease and the intended length of the roommate agreement.
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Security Deposit: The agreement should discuss how the security deposit will be divided among roommates and outline the rules for its return or any deductions.
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Rent Payment: The total rent amount must be documented, along with how it will be split among the roommates.
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Utilities: The agreement should determine how utility payments will be divided and specify who is responsible for making payments to the utility companies.
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Lease Violations: It is important to establish rules for addressing violations of the lease or roommate agreement, including procedures for a roommate needing to move out early.
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House Rules: The agreement should list any house rules regarding food, cleaning, guests, and other shared responsibilities.
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Room Assignments: Bedrooms should be assigned, and it should be clarified which areas will be shared or private.
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Signatures: All parties must sign and date the agreement, and a completed landlord consent form should be attached.
Types of Roommate Arrangements in Minnesota
Under Minnesota law, roommate arrangements can be categorized into three types:
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Co-tenancy: In this arrangement, all roommates are on the same lease and share equal responsibility for adhering to the landlord’s terms. Co-tenants cannot evict one another and must seek the landlord’s intervention for any misconduct.
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Subtenancy: Here, the original tenant acts as the landlord to the subtenant, collecting rent and handling rental issues. The original tenant typically has the authority to evict the subtenant for misconduct. 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. If a guest contributes to rent or upkeep, they may be considered a tenant, which can lead to formal eviction processes for misconduct.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the terms of the lease. This means that 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 lease and the landlord has not consented to the roommate agreement, the original tenant will be liable for any violations committed by the roommate.
Resolving Roommate Disputes in Minnesota
In the event of a dispute, the lease takes precedence over the roommate agreement. Generally, house rules regarding shared responsibilities are not enforceable in court. Roommates with disagreements unrelated to the lease may consider mediation or arbitration through a neutral third party.
Statutes
- Minn. Stat. § 504B.177 – Late Fees
- Minn. Stat. § 504B.178 – Interest on security deposits; withholding security deposits; damages; limit on withholding last month’s rent
- Minn. Stat. § 504B.118 – Receipt for rent paid in cash
- Minn. Stat. § 504B.173 – Applicant screening fee
- Minn. Stat. § 504B.175 – Prelease deposit
- Minn. Stat. § 504B.111 – Written lease required; penalty
- Minn. Stat. § 504B.115 – Tenant to be given copy of lease
- Minn. Stat. § 504B.145 – Restriction on automatic renewals of leases
- Minn. Stat. § 504B.425 – Judgment
- Minn. Stat. § 504B.172 – Recovery of attorney fees
- Minn. Stat. § 504B.135 – Terminating tenancy at will
- Minn. Stat. § 504B.211 (Subd 2) – Residential tenant’s right to privacy
- Minn. Stat. § 504B.211(Subd 4) – Residential tenant’s right to privacy
- Minn. Stat. § 504B.211 (Subd 5) – Residential tenant’s right to privacy
- Minn. Stat. § 504B.211 (Subd 6) – Residential tenant’s right to privacy
- Minn. Stat. § 504B.225 – Intentional ouster and interruption of utilities; misdemeanor
- Minn. Stat. § 504B.375 – Unlawful exclusion or removal; action for recovery of posession
- Minn. Stat. § 504B.381 – Emergency tenant remedies action
- Minn. Stat. § 504B.155 – Tenant must give cold weather notice before vacation of building
- Minn. Stat. § 504B.161 – Covenants of landlord or licensor
- Minn. Stat. § 504B.181 – Landlord or agent disclosure
- Minn. Stat. § 504B.195 – Disclosure required for outstanding inspection and condemnation orders
- Minn. Stat. § 504B.171 (Subd 1) – Covenant of landlord and tenant not to allow unlawful activities
- Minn. Stat. § 504B.171 (Subd 2) – Covenant of landlord and tenant not to allow unlawful activities
- Minn. Stat. § 504B.206 (Subd 1(b))
- Minn. Stat. § 504B.206 (Subd 3)
- Minn. Stat. § 504B.206 (Subd 4)
- Minn. Stat. § 504B.385 (Subd 2) – Rent escrow action to remedy violations
- Minn. Stat. § 504B.441 – Residential tenant may not be penalized for complaint
FAQs
A Minnesota roommate agreement is a contract that outlines the terms and conditions for tenants sharing a dwelling. It specifies responsibilities, rules, and how costs like rent and utilities are divided among roommates, and it becomes a legally recognized document in Minnesota courts once signed.
Key components include the identification of all parties involved, the lease term, security deposit arrangements, rent division, utility payment responsibilities, rules for lease violations, house rules, and the division of shared spaces. All parties must sign the agreement for it to be valid.
Co-tenancy means that all roommates are on the same lease with the landlord, sharing equal responsibility for the lease terms. This arrangement does not allow roommates to evict one another; any misconduct must be addressed with the landlord.
In a co-tenancy situation, if one roommate does not pay their portion of the rent, the landlord can demand full payment from any of the co-tenants. This is due to the ‘jointly and severally liable’ nature of co-tenancy, meaning all roommates are responsible for the lease obligations.
Generally, house rules regarding cleaning, food sharing, and guests are not enforceable in a court of law. The lease takes priority over the roommate agreement in disputes, so such rules may not have legal standing.
Co-tenancy involves all roommates being on the same lease with the landlord, while subtenancy occurs when one tenant rents out part of the property to another person. In subtenancy, the original tenant acts as the landlord to the subtenant and can evict them if necessary.
Roommates can resolve disputes by referring to the original lease, which takes precedence over the roommate agreement. For disagreements not related to the lease, they may consider mediation or arbitration with a neutral third party.
The security deposit section should specify how the deposit is split among roommates and outline the rules for returning or deducting any portion of the deposit when a roommate moves out or if there are damages.