Florida Roommate Rental Agreement Basics

Roommate Rental Agreements Defined

A Florida roommate rental agreement is an agreement specifically between parties who are going to be sharing a home. Their relationship will be one that involves rent, one that is more about sharing space and expenses than simply being relatives or friends.
A Florida room rental agreement essentially highlights the expectations of both parties as well as rental costs. It is in some ways similar to a lease agreement for an apartment or another type of rental situation, but it is distinctly different because it is more low key and covers some of the issues that a typical lease does not.
For one thing, a roommate rental agreement will allow for the roommates to divide up the terms for dividing the rent as they see fit. So for example, if one person moving in is going to be living there all year, while another is only living there for six months (or even less), it should be spelled out in the roommate rental agreement so that both parties know what to expect .
While it can be guessed that the person who is going to be living there for six months would be responsible for one half of the rent for each month, in a roommate rental agreement both people can agree to something different, perhaps one would pay a lower amount and save money that they can then repay back to the other person at the end of their stay.
A Florida room rental agreement does not have to be complicated to be effective: it still covers many of the same standard things like utilities, late fees, pets, noise, etc., but it also covers some unique circumstances particular to being roommates rather than having roommates (like different girlfriends spending time with them, etc.).
Again, these roommate rental agreements are not too complicated most of the time, but occasionally they can be. Depending on the situation, two people sharing an apartment might become more extreme, asking each person to sign for a certain cable contract, be responsible for cleaning a certain part of the apartment, etc.
The Florida Roommate Rental Agreement is one of many types of rental agreements, but is specific to covering costs and responsibilities between people sharing an apartment or home. They can be as lengthy or short as the parties want them to be.

Basic Components of a Florida Roommate Agreement

A Florida roommate rental agreement focuses on the basics of sharing a residence. All of the parties must agree on how the rent is divided among the lessees or sublessees. For example, if two people are moving into a home that has three total bedrooms, the rent would be divided based on the number of legal occupants. Rent also needs to be paid even if one of the other parties isn’t available at the time it’s due—meaning the landlord has to be sure that all the co-tenants can afford to pay their share of the rent, even if one person leaves early. It’s important to clarify who pays utilities, security deposits, and maintenance bills for any shared appliances, furniture, and household items—many people have an informal agreement for these things, and when those arrangements fall apart, animosity may follow.
The living spaces in an apartment or home need to be discussed, as some groups of roommates will not respect the privacy of others, while certain people will have no respect for anyone else’s space. Discussing what will or won’t be allowed in the Florida roommate rental agreement saves a lot of headaches down the road. If one person in the house doesn’t clean up after himself or leaves the front room in a state of disarray, his roommates may be able to withhold rent if there’s a written agreement to that effect. A Florida roommate rental agreement needs to list all the rooms in a house or apartment, state which ones are common areas, and define the purpose of each space.
It’s never a good idea to enter a shared living space without a lease. With a Florida roommate rental agreement, it doesn’t matter if that person forgets to write in that you were entitled to the master bedroom—if it’s not in the rental agreement, the landlord will argue he doesn’t have to honor it. If you don’t want your roommate’s girlfriend moving in, state so in writing. If you want your mother to be your primary contact if anything goes wrong in the house, write it down. If you want your friends to borrow your shampoo when they stay over occasionally, say that in the agreement.

Legal Aspects of Florida Roommate Agreements

Florida roommate rental agreements have specific legal considerations that both landlords and roommates need to be aware of in order to protect their interests and ensure that the agreement is enforceable under Florida law. One important legal consideration when entering into a Florida roommate agreement is tenant rights and obligations. Under Florida law, tenants in a written lease are provided with certain protections such as the right to privacy and the right to sue for illegal entry or discrimination. In addition, a written lease gives tenants the right to recover damages in the event that the property becomes defective or uninhabitable. A Florida roommate agreement that is written as a formal lease will grant tenants many of the same rights as a written lease even if the roommate agreement was not the intention of the parties. As such, it is recommended that Florida roommate agreements be written as formal leases in order to avoid any potential legal issues from arising later on.
Another important legal consideration that applies to Florida roommate agreements is the issue of eviction. Florida law mandates that landlords may only evict tenants for specific reasons. Under Florida Statute § 83.12, a landlord may evict a tenant when the tenant has failed to pay rent or has violated the terms of the lease. There are additional rules and procedures that must be followed in order to successfully evict a tenant or former tenant from a property. Failing to follow these rules and procedures can result in penalties for the landlord and being forced to rehire the tenant as a resident.
Additional legal considerations that may apply to Florida roommate rental agreements are taxes and necessary disclosures. Roommate agreements are often considered business transactions and require certain disclosures if they are to be formal leases. In such cases, it is important to determine whether the agreement is subject to state and local taxes and collect these taxes accordingly. Additionally, if the property is subject to homeowner association (HOA) fees, these fees must be disclosed when entering into a Florida roommate agreement.
While roommate rental agreements may not all be formal and detailed, Florida law imposes certain requirements on landlords that must be strictly followed. For this reason, it is important to take the time to speak with an attorney about the specific legal requirements that apply to each particular roommate rental agreement before signing. Understanding these requirements can help both landlords and tenants avoid potential legal problems in the future.

Florida Roommate Agreement Advantages

Having a formal roommate rental agreement can clearly define the expectations of both parties and help avoid conflicts over maintenance, cleanliness, noise level, guest policy , rent and utility payments and even whether there will be overnight guests. A written policy can provide legal protection and also ensure all rules and expectations are clearly laid out in one place for easy reference. It also helps to avoid not only conflicts between roommates but also between the landlord and the roommates if the landlord is not a party to the agreement. An agreement allows the landlord to define acceptable behavior of the tenants, as well as offer the tenant some assurance that their needs will be met.

How to Draft a Florida Roommate Agreement

Whether you are putting pen to paper for the first time, or you need to update an existing agreement, there are several pieces of information you need to include in your Florida roommate agreement. First, you need to identify the parties. List the full name of each person who will be living in the property. It is also helpful to include their birthdate for the purpose of accurately identifying them as a legal adult under Florida law. You also need to include the address of the property which is subject to the roommate agreement. The roommates will then need to identify what furniture and appliances are included with the premises. Not only can this help avoid dispute about who owns what, but it can also provide a secure way to document the property prior to moving in. There should also be a section in the roommate agreement which details the financial obligations of each party. A good roommate agreement will contain payment terms — including the date when payment is expected, payment method, whether late fees are charged, and how cost increases (such as for utilities) are to be handled. A significant issue that all Florida co-tenants face is whether to have a lease term or only a month-to-month tenancy. This is an important issue to discuss prior to signing the agreement. If you do decide to have a lease term, your agreement should also detail the break lease obligations for each party. You should also detail each tenant’s responsibilities for cleaning. Sometimes roommate agreements will also address obligations for specific chores (e.g. each person will be responsible for cleaning his or her own bathroom). You may also want to include language on how issues about cleaning will be resolved if there is a disagreement. You should include language on how you expect issues to be resolved. Although you would hope that any issue between you and your co-tenants are amicably resolved, it is always better to have an articulated process should you have to deal with a problem in the future. Many roommates will agree to a mediation process prior to taking more formal legal action. Florida law does not require a roommate agreement, but it is often a crucial step in your long-term success in surviving together. You’ll want to make sure that it addresses all of the issues that are unique to your situation. For example, if you work different shifts, you may want to address quiet hours. If you have allergies, you may want to cover what happens to pets or plants if you move out or pass away.

Resolving Roommate Disputes with a Florida Roommate Agreement

While it is not ideal, disputes with your roommate are sometimes unavoidable, even if you and your roommate have a rental agreement. If the two of you can work out the dispute without having to get a court involved, that is a good thing. An attempt to settle the dispute amicably should be documented in writing, signed by both roommates, and retained with the roommate agreement. If the dispute cannot be settled, there are other options.
Hiring a third party to mediate the conflict can be a good option, such as an attorney, or a counselor. When you hire a professional mediator, the mediator will listen to both sides, identify the main issues that are causing the conflict, and work with both parties to develop a mutually beneficial solution. It might be the case that a mediator tells you that you and your roommate need to look for alternative living arrangements or find someone else to take over the lease. The main goal of a mediator is to try to keep parties from having to go through legal proceedings and for everyone involved to save time and money .
Even if you have entered into a roommate agreement that contains a mediation provision, in some cases it just becomes necessary to go before a judge in small claims court. You might ask the court to order your roommate to fulfill responsibilities under the rental agreement or to repay you for damages caused due to their performance or non-performance. If the court finds that the roommate is liable for unpaid rent, damages, or damages in connection with the security deposit, the court can order that judgment be paid within a certain period of time, such as 30 days. If the roommate fails to pay as ordered by the court, you have the right to garnish his or her paycheck.
A Florida roommate rental agreement is a legally binding contract. Part of being a responsible tenant is entering into an agreement with one or more of your roommates with regards to paying rent on time and keeping to the terms of the lease. If your roommate fails to meet his or her contractual obligations, you do have some options for recovering your losses.