What is a Rooming Agreement?
What is a Renting A Room Agreement?
At a fundamental level renting a room agreement is just that. It is an agreement between two parties, the roomer and the rooming house operator. Whilst these are just two parties and seem like two prospective adults coming to a simple arrangement it is not that simple. What makes this agreement simple is that it is created by the government for you.
Renting a room agreements are legal documents which define the relationship between the roomer and the rooming house operator. If you are a rooming house operator , you are required to use the renting a room agreement even if there are simple elements of the agreement that you do not personally agree with. The renting a room agreement is designed to cover all outcomes of a relationship between the roomer and the rooming house operator and is required by law.
It is a legal document which you are legally accountable to. If it is not followed correctly, there can be legal consequences which maybe detrimental to the relationship you have formed with your roomer. Because of this, it is important to be aware of your requirements under the agreement.
Be sure to read the renting a room agreement very carefully before signing so that you know what is expected of you and your right in case something goes wrong.
Key Features of a Rooming Agreement
The lease should contain the one pertinent element to grant the tenant security on their tenancy: The duration of the lease and the conditions for its dissuasion. Without this information, there can be no proper termination of the lease, leaving tenants vulnerable to being removed from the home without good cause. Additionally, it is best to state the amount due and the payment date(s) in the lease so that there can be no confusion about when, and how much rent is due.
The amount of security deposit is also an important element of a lease. While a landlord may charge a tenant for a security deposit, Illinois law limits the dollar amount. According to the law, a security deposit for a 12-month or longer lease may not be more than one month’s rent; for a lease shorter than 12 months, an initial security deposit may not be more than 25 percent of the first month’s rent. Compare this amount to what your landlord has asked for, and make sure to only pay the maximum allowed. Otherwise, you are paying above and beyond what is legally acceptable.
Finally, house rules are another essential component to any renting a room agreement. You want to know in advance what is expected of you. Will you have to keep your room clean? Date only the members of the opposite sex in your own room? Spend a certain amount of time out of the house each weekend? Knowing what is expected of you will protect you when it comes time to have that unavoidable (and uncomfortable) conversation with your landlord.
Tenants’ Rights and Responsibilities
Tenants who rent a room in a boarding establishment enjoy a number of rights under the laws of the province.
Rights
The biggest advantage of renting a room in a boarding establishment or landlord-tenant scenario is that you do not have to maintain your rented space. The landlord is obligated to keep the room in good condition and repair. Also, if your landlord wants to enter the rented space, notice must be given and certain conditions must be met.
Privacy
Your right to enjoy peaceful occupation must also be respected. Your landlord must ensure that you are not disturbed in your enjoyment of the space. Your right to privacy means that your landlord may not give anyone access to your room without §§. You also have the right to live alone in your rented space if you have rented a designated room.
Repairs
A landlord is legally required to maintain the premises and make necessary repairs. Even with the best intentions, bigger problems will arise from time to time that may need to be addressed. The law protects both landlord and tenant in that the tenant has a duty to notify the landlord of any problems or deficiencies in the room, including repairs that are needed. The landlord is then responsible for dealing with the problem.
Payment of Rent
The rent is payable in the time and manner agreed upon in the contractual agreement. If there is no agreement, the rent will be payable in the manner or time the landlord specifies. If the landlord does not specify a time or manner, the rent would be payable monthly on the first day of each month. Although the legislation does not specifically state that interest should be paid on any late payments, it does provide for a $10.00 fine for late payment of rent and a further fine of 2% per month on the unpaid balance. If you want or expect interest to be payable, you might be better served having a term inserted into your rental agreement.
Landlords’ Duties in a Rooming Agreement
The room rental contract is not one sided where you have to worry about fulfilling all of your obligations as the tenant. The landlord also has their fair share of legal obligations to fulfill.
For the term of the entire contract, the landlord has a legal obligation to allow you to use the property for whatever terms are set forth in the agreement. The property must be livable, furnished, and maintained so that you can do this. Landlords have the obligation of acting as a prudent person would when addressing things such as repairs or maintenance. If the agreement states that the owner will address certain repairs, then the owner is legally obligated to do so within a reasonable amount of time. If repairs are not quick, it becomes a case of habitability. At this point, the tenant has the right to break their agreement with landlord and seek damages as a result.
In order for rent to be paid timely, the landlord also must maintain the suite in a livable condition. They must keep the utilities on and functioning. In the event of an eviction or foreclosure, the landlord cannot change the locks without giving proper notice and proving in a court of law that the tenant has violated the terms of the agreement. Tenants have the right to a jury trial.
Common Rooming Agreement Provisions
Even though renting a room agreement is usually less complex than an apartment lease, there are some important clauses that you should look for in such agreements. These include the following:
- Guest Policies. It is not uncommon for the owner of the property to prohibit overnight guests so they do not turn the single extra room into a new apartment. If you plan to host guests in the future, or if you have a visitor that occasionally spends the night, such as a partner or spouse, you will want to be sure this clause does not exist.
- No Pets Policy. Some room rentals do allow pets, but you will need to be clear on the expectations for any animal you may have or would like to have in the future .
- No Smoking Policy. You may or may not be a smoker, but this clause will need to be present if smoking is prohibited in the home.
- No Harmful Substances Policy. Once again, it is important to ask about your rights to have things like room fragrance devices, incense, candles, and such. Be sure to take the time to clarify this clause so as not to breach it.
- Termination Conditions. Finally, renting a room usually entails a pretty tight termination clause located within renting agreement. Some agreements will specifically require a notice, such as 30 or 60 days, prior to termination. Others could state that no such notice is required, and this is important to know as well.
Legal Considerations and How to Resolve Disputes
A common scenario of dispute between a tenant and their lodger is ‘eviction’ of the lodger from the room rented to them. A tenant cannot evict a lodger on the basis of the lodgers’ conduct in the room. A lodger may be required to leave on request or reasonable notice given by the landlord (which is a minimum of 28 days). If a lodger refuses to leave, the landlord can go to court to ask for a court order allowing the removal of the lodger from the room. In theory, this will not be given unless the landlord has good grounds to evict the lodger – like where the lodger has damaged property in the room or has caused nuisance or harassment to neighbours (and the like).
If a landlord breaches the Room Rental Agreement (and it has been formally agreed and signed), then the lodger can make a claim against them for damages for the loss suffered. A landlord only becomes liable for these damages when they have agreed to the Room Rental Agreement and signed them.
Quite often, the parties resolve a disagreement informally or through mediation by an independent third party. The Room Rental Agreement could state that any dispute may be referred to mediation by the parties to reach a resolution. If this fails, and the parties are not able to resolve the disagreement less formally, then it is suggested that they seek advice from a solicitor.
In the event that mediation fails, the parties can take the matter to court. Again, it is advised that the parties seek legal advice prior to initiating proceedings against one another.
Negotiating Your Rooming Agreement
When entering a renting a room agreement, be ready to negotiate the terms with your landlord or agent. This is particularly important if you are new to renting in the UK, as you may not know some of your rights in this agreement. If you believe that a term is unfair and unreasonable, raise the matter with your landlord or agent before agreeing to the agreement.
In addition, you may want to add your own clauses into the agreement to ensure that your wishes are reflected. Some typical questions that arise during these discussions are outlined below:
Length of Contract – Ask for a 4 months minimum contract, with the ability to give notice after this point. This will protect both you and your landlord, by covering both your needs and enabling your landlord to find a replacement tenant.
Does the agreement include your Rent Deposits Scheme? – If not, insist on having this included.
What’s the notice period? – If you are taking the agreement over from a former lodger or the tenancy starts after a former lodger has left, request that no charges are incurred.
Is it furnished? – Again, if you are taking over from a former lodger do not agree to pay for any furniture that is found to be missing.
Is a bathroom and kitchen included , and is this covered by the tenancy? – If not, clearly define what is the landlord’s responsibility to fix and what is your responsibility.
Put everything in writing – It is advisable to get everything in writing and signed by all parties, covering anything agreed over and above the sample AST. This gives you piece of mind.
Ask for a copy of the tenancy deposit protection scheme signed by the landlord. As a tenant, in England, you should only be required to pay one month’s rent as a deposit to cover any damages due to neglect or careless behaviour, and this is protected by the landlord in a RDS scheme.
It may be beneficial to have a lodger agreement, rather than a tenancy agreement, which will allow you greater flexibility. Be clear whether your contract refers to a ‘lodger’ or ‘tenant’; lodgers have more rights than tenants, such as the right to occupy a room until a court order terminates this right. Tenants also have rights such as the right to live in a property if the landlord sells the property.
In short, it is worth reading a lot of agreements to prepare yourself ahead of time. You will gain insight into what you should expect, and ensure that you have reserved all of your rights before signing.