Room Rental Agreement Package
This document provides both standard room-rental
terms and customizable terms to suit any situation
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or
modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc
© Copyright 2011 does Inc. 1
Docstoc not provide legal advice. The information and forms are not a substitute for the advice of
your own attorney.
Room Rental Agreement Package Contents
Information……………………………………………………………………………………...3
Checklist………………………………………………………….………………..……………5
Instructions…………………………….……………………..………………………………...6
Agreement……………………………………………………………………………………….9
© Copyright 2011 Docstoc Inc. 1
INFORMATION
ROOM RENTAL AGREEMENT
Renting a room can be a great way to bring in extra cash. Not only does it help you as the
landlord, but it’s great for the renter as well. Rent prices for rooms are less expensive than for
apartments, and often have the same amenities.
Once you have decided to rent a room in your home, you will need to get the word out.
Publishing an ad in your local paper, word of mouth, or even posting a notice at the local
college are great options. Outline some of your most important rules, so the renters that
respond to the ad will have a pretty good idea of what they are applying for. You will want to
make it clear that they will be renting a room in a private home, and you will want to mention
deal-breakers like non-smokers only, or females only. You may want to mention what the
kitchen and bathroom set up will be. Will the renter have access to the kitchen at all times,
will they have their own outside entrance, and will they have their own bathroom or will they
have to share?
Having a signed rental agreement is key. That way the landlord can not only set out the rental
terms (rent, term of lease, etc.) but they can include the “house rules.”
The legal relationship created is much in the same as a lease or rental agreement. The
landlord (homeowner in this case) is creating a landlord/tenant relationship with the tenant
(person renting the room). Therefore, the landlord should be mindful to adhere to landlord
tenant laws when dealing with their renter. Concepts like charging fair rent, not over-
charging for late fees, keeping the premises safe and habitable still apply. By the same token,
© Copyright 2011 Docstoc Inc. 2
the renter has rights as well. For instance the renter has a right to “quiet enjoyment” of the
premises, and the premises must be kept in good repair by the Landlord.
From a tax perspective, even though the rental is in your own home, the rent received by the
renter is income and needs to be treated as such.
Needless to say, substantial care should be taken in choosing your renter. This person will
have access to your home and all of your belongings. Failing to make a solid choice could
prove disastrous. Make sure that your renter is of legal age to enter into a contract.
Depending on what state you live in, the renter needs to be 18 or 21 to legally enter into a
contract.
© Copyright 2011 Docstoc Inc. 3
CHECKLIST
For Room Rental Agreement
1. Prepare an ad for renting your room;
2. Interview (carefully) prospective tenants.
3. Do your homework on your prospective tenant, check credit, references.
4. Have tenant sign Room Rental Agreement, and makes sure they understand all the
provisions.
5. Keep the original document in a safe place; make sure tenant keeps a copy as well.
© Copyright 2011 Docstoc Inc. 4
INSTRUCTIONS
FOR COMPLETING ROOM RENTAL AGREEMENT
1. Enter the day, month and year. Fill in your name as “Owner”, and your new tenant’s
name under “Tenant.”
2. Enter the address of your home (where you will be renting the room).
3. Enter the first day of the tenancy, the length of time that this rental agreement will be
in effect (1 year for instance), and the end date.
4. Enter the amount of the rent, the date it will be due every month and when rent will start.
5. This addresses a grace period for paying rent. If the tenant does not pay their rent by the
first of the month, for instance, they will have 5 days (for instance), to pay the rent in full
for that month.
6. Enter the amount of late fee you will charge. This is a common area of contention
between landlords and tenants. The rule of thumb here is to make sure that the amount of
the late fee is reasonable and in line with whatever damages you would experience by the
rent being late. For instance, perhaps you may bounce a check, so to cover the charge for
that would be $10.00. To charge $100. late fee would be out of line and could be
unenforceable if it was challenged in court.
7. Enter the highest amount you would charge for a late fee for rent.
8. Enter the amount you will charge if your tenant bounces their rent check.
© Copyright 2011 Docstoc Inc. 5
9. Security deposits are optional, and you certainly could charge one. As with late fees,this
is a common area of contention between Landlords and Tenants and usually is equal to
one month’s rent.
10. In this agreement the tenant is responsible for utility charges.
11. The space is only to be used as a private residence.
12. Enter the amount of time a tenant is allowed to entertain a guest. Enter the maximum
amount of time the Tenant is allowed to have a guest.
13. Tenant agrees that the premises are in good repair.
14. Tenant agrees to keep premises in good repair.
15. Tenant will notify the owner of any defects with the premises.
16. If the tenant causes any damages, tenant will pay for it.
17. This provisions means that even if the tenant isn’t there, they still have to pay rent.
18. If for some reason the space becomes unavailable or is damaged, the landlord will return
whatever rent was paid in advance and the agreement is canceled.
19. The tenant cannot rent out the space (sublet).
20. Landlord cannot enter the tenant’s space unless it is an emergency, or to make repairs.
Landlord must give reasonable notice to tenant prior. Tenant is not allowed to change the
locks without notifying landlord. Be sure as a landlord to adhere to your tenant’s right to
© Copyright 2011 Docstoc Inc. 6
privacy. Violations of this have actually caused lease agreements to be broken in a court
of law in favor of the tenant.
21. Tenant is entitled to “quiet enjoyment” of the premises.
22. Tenant should not make repairs without consent of the landlord.
23. If the premises become severely damaged, the agreement will be cancelled. Landlord (fill
in amount of days) needs to give notice of the cancellation. If the damage is because of the
tenant, the tenant will be liable for the damages. Tenant should carry renter’s insurance.
24. If any matter is ever litigated with respect to this agreement the prevailing party will be
entitled to attorney’s fees.
25. Enter the address where all official notices are to be mailed..
26. Signature Block: Both parties should sign the agreement in the presence to two
witnesses. The requirement for witnesses varies from state to state so check your local
laws. The landlord should retain the original agreement for their records and a copy
should be provided to the tenant.
© Copyright 2011 Docstoc Inc. 7
[Room Rental Agreement]
© Copyright 2011 Docstoc Inc. 8
ROOM RENTAL AGREEMENT
This room rental agreement, (the “Agreement”) is made and entered into on the _____ day of
______________, 20____ between _______________ (hereinafter referred to as the “Owner”)
and ________________ (hereinafter referred to as the “Tenant”).
1. Subject to the terms and conditions contained herein, the Owner hereby does rent to the
Tenant and the Tenant hereby rents rent from Owner, for residential purposes only, the
premises known municipally as (the “Premises”). [Include
description of room(s) being rented in relationship to the rest of the house; i.e. second floor
bedroom on Northwest side]
PREMISES LOCATED AT:
(Address)
2. The term of this Agreement shall commence on the ____ day of _________, 20____, and
shall continue for a period of _______________ (_____) days/months thereafter and shall
terminate on the _____ day of ______________, 20_____.
3. The Owner and the Tenant hereby acknowledge and agree that the Tenant shall pay to the
Owner, the sum of _______________ ($________) payable in advance, as rent, on the _____
day of each and every months, commencing on the _____ day of _____________, 20____.
4. The Owner and the Tenant hereby acknowledge and agree that should the Tenant fail to
make payment of the rent in full on the day that such rent is due and payable to the Owner;
the Tenant hereby agrees to pay to the Owner the rent in full within _____ (___) days after it
is due. (Commonly known as “grace period”)
5. Tenant hereby acknowledges and agrees to pay to the Owner a late charge of ___________
($____) Dollars plus ___________ ($_____) Dollars for each additional day that the rent
continues to be overdue.
6. The Owner and the Tenant hereby acknowledge and agree that the total late charges that may
be paid by the Tenant to the Owner for any one (1) month period shall not exceed the sum of
___________ ($______) Dollars. This provision does not waive the right of the Owner to
demand payment of the rent in full on the day it is due and payable.
7. The Tenant hereby acknowledges and agrees to pay to the Owner the sum of
______________ ($_______) Dollars for any check returned for insufficient funds or is
otherwise not negotiable. Landlord may also charge late fees if applicable.
© Copyright 2010 Docstoc Inc. 9
8. Owner and Tenant hereby agree that the Tenant shall pay $_____as a security deposit for the
premises, and said amount shall be returned at the end of the tenancy to Tenant unless Tenant
has failed to pay for damages, (normal wear and tear exceptd) In said event, the amount of
damages shall be subtracted from the security deposit, with the balance paid to Tenant.
9. The Owner and the Tenant hereby acknowledge and agree that the Tenant shall pay no
security deposit in respect of the Premises.
10. The Owner and the Tenant hereby acknowledge and agreement that the Tenant shall be
solely responsible for payment of all utility charges and shall pay in full, such utility charges
on the day that they are due.
11. The Tenant hereby acknowledges and agrees that the Premises are to be used only by the
Tenant as a private residence for the Tenant(s) named in paragraph one (1) above. The
Tenant further hereby agrees that he/she will not use the Premises for any other purpose
without the Owner's prior written consent.
12. The Owner and the Tenant hereby acknowledge and agree that the Tenant may have a guest
stay on the Premises with the Tenant for a period up to _______ (___) months during any
one year period. Occupancy by a guest staying more than ______ (___) months is prohibited
without Owner's written consent and shall be considered to be a breach of this Agreement.
13. The Tenant hereby acknowledges that he/she has examined the Premises, including carpets,
drapes, and paint, and have found them to be in good, safe and clean condition and repair.
14. The Tenant hereby acknowledges and agrees to keep the Premises in good order and repair,
and, upon termination of tenancy, to return the Premises to Owner in a condition identical to
that which existed when Tenant took occupancy, except for ordinary wear and tear.
15. The Tenant hereby acknowledges and agrees to immediately notify the Owner of any defects
or dangerous conditions in or about the Premises of which he/she becomes aware.
16. The Tenant hereby acknowledges and agrees to reimburse to the Owner, on demand by the
Owner or his or her agent, for the cost of any repairs to the Premises damaged by Tenant, or
their guests or invitees.
17. The failure of Tenant to take possession of the Premises shall not relieve him/her of their
obligation to pay rent pursuant to the terms of this Agreement.
18. In the event the Owner is unable to deliver possession of the Premises to Tenant for any
reason not within Owner's control, including but not limited to, failure of prior occupants to
vacate as agreed or required by law, or partial or complete destruction of the Premises, the
Owner shall not be liable to the Tenant, except for the return of any sums previously paid
hereunder by the Tenant to the Owner in the event the Tenant chooses to terminate this
Agreement as a result of the Owner's inability to deliver possession.
© Copyright 2010 Docstoc Inc. 10
19. The Tenant hereby acknowledges and agrees that he/she shall not sublet any part of the
Premises or assign this agreement without the prior consent of Owner.
20. The Tenant hereby acknowledges and agrees that the Owner or the Owner's agents may enter
the Premises in the event of an emergency, or to make repairs or improvements to the
Premises to prospective purchasers or tenants. Except in case of emergency, the Owner shall
give the Tenant reasonable notice of its/his/her intent to enter the Premises. In order to
facilitate the Owner's right of access, the Tenant shall not, without the Owner's prior written
consent, alter or re-key any locks to the Premises. At all times the Owner or the Owner's
agent shall be provided with a key or keys capable of unlocking all such locks and gaining
entry to the Premises. The Tenant further hereby acknowledges and agrees to notify the
Owner if he/she installs any burglar alarm system including instructions on how to disarm it
21. The Tenant hereby acknowledges and agrees that the Tenant shall be entitled to the quiet
enjoyment of the Premises. The Tenant shall not use the Premises in such a way as to violate
any law or ordinance, commit waste or nuisance, or annoy, disturb, inconvenience, or
interfere with the quiet enjoyment of any other tenant or nearby resident.
22. Except as provided by law or as authorized by the prior consent of the Owner, the Tenant
shall not make any repairs or alterations to the Premises.
23. In the event the Premises are damaged by fire or other casualty covered by insurance, the
Owner shall have the option either to repair such damage and restore the Premises or give
notice to the Tenant at any time within ______ (____) days after such damage terminating
this Agreement as of a date to be specified in such notice. In the event of the giving of such
notice, this Agreement shall expire and all rights of the Tenant pursuant to this Agreement
shall terminate. The Owner shall not be required to make any repairs or replacements of any
property brought onto the Premises by the Tenant. The Tenant hereby agrees to accept
financial responsibility for any damage to the Premises from fire or casualty caused by the
Tenant’s negligence. The Tenant hereby acknowledges and agrees to carry a standard renter's
insurance policy from a recognized insurance firm or as an alternative, warrants that he/she
will be financially responsible for losses not covered by the Owner's fire and extended
coverage insurance policy. Damages or plumbing stoppages caused by the Tenant’s
negligence or misuse will be paid by Tenant.
24. In any action or legal proceeding to enforce any part of this Agreement, the prevailing party
shall recover reasonable attorney's fees and costs.
25. The Owner is hereby authorized to manage the said Premises for the purposes of service of
process and for the purpose of receiving all notices and demands, at the address indicated
below.
© Copyright 2010 Docstoc Inc. 11
THIS AGREEMENT has been executed by each of the parties hereto, on the day and
year first written above.
Witness: Owner
Witness: Tenant
© Copyright 2010 Docstoc Inc. 12