Pennsylvania Roommate Agreement
A Pennsylvania room rental agreement, commonly referred to as a roommate agreement, is a legal document created among co-tenants sharing a rental property. This agreement outlines the terms and conditions agreed upon by all roommates, establishing rules and responsibilities for individuals living together. As co-tenants on the same lease, roommates share equal responsibilities to the landlord, meaning that if one co-tenant violates the lease rules, all co-tenants may be held liable.
Pennsylvania Roommate Agreement
Quick Guide To Writing a Pennsylvania Room Rental Agreement
- Identify Parties: 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 the rules for its return or deductions.
- Rent Distribution: Note 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 sending payments to utility companies.
- Violation Rules: Set rules for violations of the lease or roommate agreement, including procedures for when a roommate needs to move out early.
- House Rules: List any house rules regarding food, cleaning, guests, etc.
- Bedroom Allocation: Divide bedrooms and decide which areas will or will not be shared.
- Signatures: Ensure all parties sign and date the agreement and attach the completed landlord consent form.
Types of Roommate Arrangements in Pennsylvania
There are three basic types of roommate arrangements recognized by law:
Co-tenancy
In a co-tenancy arrangement, all roommates are on the same lease, paying rent to the same landlord and sharing equal responsibility for lease terms. Co-tenants typically do not have the authority to evict one another and must approach the landlord for any misconduct issues.
Subtenancy
In a subtenancy arrangement, the original tenant acts as the landlord to the subtenant, receiving rent and being legally responsible for resolving rental issues. The original tenant can generally evict the subtenant for misconduct. Subleasing is usually not permitted without the landlord’s consent and can lead to termination of the lease.
At-Will Tenancy / Guest Tenancy
This informal arrangement allows either the original tenant or the roommate to terminate the agreement at any time. The landlord may or may not have consented to this arrangement, and the roommate is considered a guest, which means the original tenant can often demand their departure at any time.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the terms of the original lease. This means that each co-tenant is fully responsible for adhering to all lease terms. The landlord can pursue full recovery from any co-tenant for violations. For example, if one roommate fails to pay their portion of the rent, the landlord can demand full payment from the other roommates. 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 Pennsylvania
In the event of a dispute, the 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 a mediator or arbitrator, to resolve their issues.
Statutes
- 68 Pa. Stat. § 250.511a – Escrow funds limited
- 68 Pa. Stat. § 250.512 – Recovery of improperly held escrow funds
- 68 Pa. Stat. § 250.511b(b) – Interest on escrow funds held more than two years
- 68 Pa. Stat. § 250.511b – Interest on escrow funds held more than two years
- 68 Pa. Stat. § 250.206 – Statement of escrowed funds
- 68 Pa. Stat. § 250.501(b) – Notice to quit
- 68 Pa. Stat. § 250.205 – Participation in tenants’ association
- 42 Pa. C.S. § 1123 – Jurisdiction and venue
FAQs
A Pennsylvania roommate agreement is a legal document that outlines the terms and conditions agreed upon by co-tenants sharing a rental property. It establishes rules for shared living, including rent distribution, utility payments, and house rules.
Co-tenants in a roommate agreement are jointly and severally liable for the lease terms, meaning each tenant is fully responsible for the entire rent and lease obligations. If one roommate 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 disputes later.
The roommate agreement should specify the procedures for when a roommate needs to move out early, including how to handle their share of the rent and any potential replacement roommates. This helps prevent misunderstandings and financial issues.
In a co-tenancy situation, all roommates must sign the original lease, and typically, they cannot evict one another without the landlord’s involvement. If there are lease violations, the landlord can take action against any co-tenant.
Common house rules in a roommate agreement may include guidelines for cleaning, sharing food, having guests, and quiet hours. While these rules help maintain harmony, they may not be enforceable in court if they conflict with the lease.
Co-tenancy means all roommates are on the same lease and share equal responsibility for rent and lease terms, while subtenancy involves one original tenant acting as a landlord to a subtenant. Subleasing typically requires landlord approval.
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 for a neutral resolution.