Washington Roommate Agreement

Types of Roommate Arrangements

There are three primary types of roommate situations recognized by law:

Co-tenancy

In a co-tenancy arrangement, all roommates are on the same lease with the landlord. They share equal responsibility for adhering to the lease terms, meaning that if one roommate fails to comply, all roommates may be held liable. Co-tenants do not have the authority to evict one another; any misconduct must be reported to the landlord.

Subtenancy

In a subtenancy, the original tenant acts as the landlord to the subtenant. The original tenant collects rent from the subtenant and is responsible for addressing any rental issues that arise. Typically, the original tenant can evict the subtenant for misconduct. It is important to note that subleasing usually requires the landlord’s permission; doing so without consent can lead to termination of the lease and eviction.

At-Will Tenancy / Guest Tenancy

This arrangement is informal, allowing either party to terminate the agreement at any time. The landlord may or may not have approved this situation, and the roommate is considered a guest. In this case, the original tenant can often request that the roommate leave at any time.

Responsibilities of Co-tenants

Co-tenants are “jointly and severally liable” for the lease terms. This means that each co-tenant is fully responsible for fulfilling all obligations outlined in the lease. The landlord can pursue full recovery of unpaid rent from any co-tenant, regardless of who incurred the debt. 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.

Creating a Washington Room Rental Agreement

When drafting a roommate agreement, the following elements should be included:

1. Identification of the parties involved, the property address, and the landlord’s details.
2. The term of the existing lease and the duration of the roommate agreement.
3. Security deposit arrangements, including how it will be split and rules for its return.
4. Total rent amount and how it will be divided among roommates.
5. Utility payment responsibilities and who will handle payments to utility companies.
6. Rules for addressing lease or roommate agreement violations and procedures for early move-outs.
7. House rules regarding food, cleaning, guests, etc.
8. Allocation of bedrooms and shared spaces.
9. Signatures and dates from all parties involved, along with a landlord consent form.

Lease Violations in Roommate Situations

In the event of a lease violation, the original lease takes precedence over the roommate agreement. House rules established in the roommate agreement are generally not enforceable in a court of law. Disputes that do not relate to the lease may be resolved through mediation or arbitration, involving a neutral third party.

Resolving Roommate Disputes

In case of disagreements among roommates, the original lease will always take priority over the roommate agreement. Non-lease-related disputes may benefit from the involvement of a neutral third party, such as a mediator or arbitrator.

Statutes

• Washington RCW §§ 59.18.060 – Landlord-Duties
• Washington RCW §§ 59.18.130 – Duties of tenant
• RCW §§ 59.18.280 – Moneys paid as deposit or security for performance by tenant-Statement and notice of basis for retention-Remedies for landlord’s failure to make refund-Exception
• Wash. Rev. Code § 59.18.270 – Moneys paid as deposit or security for performance by tenant-Deposit by landlord in trust account-Receipt-Remedies under foreclosure-Claims
• Wash. Rev. Code § 59.18.285 – Nonrefundable fees not to be designated as deposit-Written rental agreement required-Remedies
• Wash. Rev. Code § 59.18.260 – Moneys paid as deposit or security for performance by tenant-Written rental agreement to specify terms and conditions for retention by landlord-Written checklist required
• Wash. Rev. Code § 59.18.063 – Landlord-Written receipts for payments made by tenant
• Wash. Rev. Code § 62A.3-515 – Checks dishonored by nonacceptance or nonpayment; liability for interest; rate; collection costs and attorneys’ fees; satisfaction of claim
• Wash. Rev. Code § 59.18.115 – Substandard and dangerous conditions-Notice to landlord-Government certification-Escrow account
• Wash. Rev. Code § 59.18.100 – Landlord’s failure to carry out duties-Repairs effected by tenant-Procedure-Deduction of cost from rent-Limitations
• Wash. Rev. Code § 59.18.310 – Default in rent-Abandonment-Liability of tenant-Landlord’s remedies-Sale of tenant’s property by landlord, deceased tenant exception
• Wash. Rev. Code §59.04.030 – Tenancy for specified time-Termination
• Wash. Rev. Code § 59.18.200(1a-b) – [Effective 1/1/2028] Tenancy from month to month or for rental period-End of tenancy-Armed forces exception-Exclusion of children-Conversion to condominium-Demolition, substantial rehabilitation of the premises-Notice
• Wash. Rev. Code § 59.04.050 – Tenancy by sufferance-Termination
• Wash. Rev. Code § 59.12.030(3) – Unlawful detainer defined
• Wash. Rev. Code § 59.12.030(4) – Unlawful detainer defined
• Wash. Rev. Code § 59.12.030(5) – Unlawful detainer defined
• Wash. Rev. Code § 59.18.150(6) – Landlord’s right of entry-Purposes-Searches by fire officials-Searches by code enforcement officials for inspection purposes-Conditions
• Wash. Rev. Code § 59.18.150(5) – Landlord’s right of entry-Purposes-Searches by fire officials-Searches by code enforcement officials for inspection purposes-Conditions
• Wash. Rev. Code § 59.18.290 – Removal or exclusion of tenant from premises-Holding over or excluding landlord from premises after termination date-Attorneys’ fees
• Wash. Rev. Code § 59.18.300 – Termination of tenant’s utility services-Tenant causing loss of landlord provided utility services
• Wash. Rev. Code § 59.18.060 – Landlord-Duties
• Wash. Rev. Code § 59.18.130 – Duties of tenant
• Wash. Rev. Code § 59.18.065 – Landlord-Copy of written rental agreement to tenant
• Wash. Rev. Code § 59.18.257 – Screening of prospective tenants-Notice to prospective tenant-Costs-Adverse action notice-Violation
• Wash. Rev. Code § 59.18.575(1b) – Victim protection-Notice to landlord-Termination of rental agreement-Procedures
• Wash. Rev. Code § 59.18.575(2-3) – Victim protection-Notice to landlord-Termination of rental agreement-Procedures
• Wash. Rev. Code § 59.18.575(4) – Victim protection-Notice to landlord-Termination of rental agreement-Procedures
• Wash. Rev. Code § 59.18.580 – Victim protection-Limitation on tenant screening service provider disclosures and landlord’s rental decisions
• Wash. Rev. Code § 59.18.240 – Reprisals or retaliatory actions by landlord-Prohibited
• Wash. Rev. Code § 59.18.250 – Reprisals or retaliatory actions by landlord-Presumptions-Rebuttal-Costs