Roommate and Co-Tenant Agreements
What are Co-Tenants?
When you sign a single lease agreement with another individual or several others, you are considered co-tenants.
What does the “joint and several liability” mean?
A joint and several liability provision in a lease means that each tenant is fully and independently liable to the landlord for all expenses associated with the rental unit. This type of liability gives the landlord the flexibility to hold each of the tenants fully responsible for rent, utilities, damages, etc. regardless of which individual may be responsible. Most leases contain a joint and several liability provision.
Co-Tenant Agreements
- While the lease agreement controls your relationship to the landlord, co-tenants can enter into agreements with one another that reflect their responsibility to each other during the lease agreement in a way that is different from the joint and several liability that will be imposed by the lease.
- Entering into a co-tenant agreement will not modify your liability to the landlord, but it will serve to document what your responsibilities are to each other.
- It is always the intention of co-tenants to honor their agreements and live up to their obligations to their roommates when they begin a lease. However, situations arise and people sometimes have difficulty meeting their financial obligations or choose not to do so. When that happens, co-tenants can greatly benefit from having a written agreement the accurately reflects their financial arrangement with each other.
- For more detailed information about drafting co-tenant agreements, please download our Co-Tenant Packet.
Co-Tenant Disputes
- Before signing a lease with someone else, make sure that you know that person and that their lifestyle choices are consistent with your own and that you will be compatible.
- Commit to working through disagreements by being respectful, direct, and honest with one another.
- If you are unable to work through disputes, consider mediation. Mediation relies on the expertise of a third party to facilitate a productive conversation among the parties to assist them in resolving their differences. Mediation is available at the Center for Student Legal Services or through the Office of Ohio University’s Ombudsman.
Move-In/Move-Out Tips
To ensure that you get back the security deposit money that you are entitled to, you should do the following:
- Upon move-in and move-out, take thorough photographs or video of your apartment to document its current condition.
- Complete a move-in/move-out checklist. That checklist may be provided by the landlord or here (coming soon). When completing this checklist, do so carefully. This list should accurately reflect the current condition of the home and may be used by you or the landlord as evidence if there is a dispute over alleged damage to the property. Give a copy of this checklist to your landlord and keep a copy for your records.
- If there are items that need to be repaired or cleaning that should have been done at the time you take possession, make a written request to the landlord. This request must be in writing and you should keep a copy for your records.
- Upon move-out, clean the apartment thoroughly and remove all of your belongings and trash from the premises.
