With your free room rental agreement you can identify the terms and conditions of your lease, which offers recourse for both landlord and tenant should either party be in breach.
We make provision for the most pertinent points needed in this type of lease contract.
Since every type of property is different, you could end up with a very lengthy document in an attempt to make provision for every instance. You can still address everything you need to, by using our free basic room rental agreement provided here and by attaching relevant documents as described below.
As landlords we've found it easier to have a simple room rental agreement form, wherein we reference other applicable terms and conditions which are dealt with in more detail in separate forms, for example:
We leave printed copies of all the documents referenced above as well as user manuals for appliances (if applicable) in the property for tenants to refer to from time to time. Upon handover they sign acknowledgement and receipt of all the above.
Sublease Agreement Templates - These forms are suitable for a Primary Tenant subletting to a subtenant. It may be used for subleasing a whole property, or areas within a property, or for subletting to a roommate.
This is a standard room rental agreement for instances where there are only two parties involved - the tenant and the landlord. A landlord can also use this form to have separate room rental agreements with a number of tenants within one property, e.g. students sharing accommodation.
We also supply a different form for an inclusive Room Rental Agreement for multiple roommates - where they are co-tenants, for example young professionals entering into a co lease or joint rental or lease agreement with the landlord.
A Room Rental Addendum caters for a Substitute Tenant replacing a tenant that needs to vacate earlier than planned.
THE PARTIES TO THIS ROOM RENTAL AGREEMENT ARE:
1. The Landlord: ______________________________________________________
2. The Tenant: ________________________________________________________
3. The Premises located at: _______________________________________
The Tenant is renting the following areas within the Premises:
3a. Private access: (_)Bedroom (_)Bathroom (_)Balcony (_)Parking Bay (_) ___________________
3b. Shared access: (_)Kitchen (_)Lounge (_)Dining (_)Laundry (_)Patio (_) Garden (_)Bathroom (_)___________________
4. Term of Lease: Starting on __________________ and ending on ____________________. Thereafter the rental shall continue on a month-to-month basis, requiring _____ months written notice from either party to end the rental. Early termination requires the Landlord's prior written approval but the Tenant shall remain liable for rental and all other charges until a suitable replacement tenant enters into a new room rental agreement. The Tenant shall not be allowed to sublet without the prior written approval of the landlord, which shall not be unreasonably withheld.
5. Security Deposit: $_____ (_______________________) payable upon signature of this agreement. Any damages beyond normal wear and tear caused by the Tenant or his guests or his pets shall be paid for from the security deposit and the balance shall be refunded to the Tenant upon termination of this rental and according to the provisions in law of the jurisdiction.
6. Initial Monthly Rental Amount: $______ (_____________________) payable before occupation and thereafter in advance on or before the first day of the month and escalating at a rate of ___% per annum.
7. Late Payment Fees: $_____ charged from the ___ overdue day PLUS $_______ per day thereafter.
8. Additional Amounts Payable:
(__) Electricity calculated as ___% of the billed amount
(__) Water calculated as ___% of the billed amount
(__) Garbage / Trash Removal $______________
(__) Cleaning Service $______________
The above are calculated in arrears and become payable with the following month's rental.
The following fees are fixed and are payable monthly in advance:
(__) Internet $______________
(__) Cable TV $______________
(__) _______________________ $______________
9. Use of the Premises: The premises are used as a residential dwelling only and the following are permitted or not permitted as specified herein:
Use of alcohol and legal drugs _________________________
Overnight guests ____________________________________
10. Maintenance and Care of the Premises: The Tenant undertakes to accept the following terms and conditions:
* Cleaning and upkeep of privately accessed areas as per clause 3a.
* Cleaning and upkeep of communal areas as per clause 3b. within _____ hours after use, and or according to a schedule or roster as determined from time to time.
11. Supplies: The Tenant shall provide his own toiletries as well as food and laundry supplies and shall not use or borrow another person's supplies.
12. Personal property: The Tenant shall not borrow another's personal property without prior permission and if used by permission, shall return it in the same condition or be held liable for any damage thereto. The Tenant shall make provision for his own renter's insurance. The Landlord accepts no liability for any loss incurred to the Tenant's personal property which is not covered by the Landlord's insurance.
13. Additional Terms and Conditions:
14. Breach: Failure by the Tenant to abide by the terms and conditions as specified herein and/or engagement in illegal activities on the premises or contravention of any rules or laws in respect of the premises shall constitute a breach of the Room Rental Agreement and the Landlord may seek any and all remedy as provided for in law.
15. Whole Agreement: By signing below the Tenant warrants having read and understood this Room Rental Agreement and voluntarily agrees to abide by the terms and conditions contained herein as well as any other agreements and forms pertaining to the renting of the Premises attached hereto as being the whole agreement.
16. Jurisdiction: All legal issues arising under these terms will be governed by the rules and laws in ____________________________.
Tenant Signature _____________________ Date __________________
Full Names __________________________
Landlord Signature _____________________ Date __________________
Full Names __________________________
Security Deposit Payment: When the prospective tenant pays upon signing of the agreement the premises is secured for him, even if occupation will only happen some time in future. The landlord can then remove the listings for the property and notify any other applicants that the apartment has been let.
Escalation: Although we always make provision for an escalation at the rate permissible in law, a landlord should review this on merit. If you have a quality tenant who pays on time and looks after the property, you may consider not increasing the rental (review similar properties and their rentals as well as the number of available room rentals on the market) or you could increase the rental by a nominal amount.
Finding and placing a new tenant for a bit more rental income may cost you more in the long term!
Payment of Utilities: If you are letting a room in your home, then you may not have individual gas or electricity or water meters. Refer to the readings of a couple of months prior to occupation and the readings a month after occupation to get a sense of the extra usage of electricity, water etc. and calculate the percentage increase accordingly.
It is also difficult to apportion cleaning supplies, so it's easier to make provision for that in the rental amount.
Use of the Premises: You can be as specific as you wish in your free room rental agreement clauses. For example:
The room rental contract below is suitable for multiple occupants sharing accommodation in one property.
The free standard room rental agreement form has been adapted specifically for that purpose. Instead of each tenant signing a separate rental agreement with the landlord, in this contract they sign a joint rental agreement.
The image illustrates how we've identified all the tenants so you can see at a glance what rental each tenant is liable for and the rooms they are renting.
You can provide specific details of the private access allocated to each tenant. For example:
Tenant A: Upstairs master bedroom with en-suite bathroom and private balcony.
Tenant B: Downstairs bedroom with south facing windows.
Co Lease / Joint Rental Agreements
A landlord with multiple occupants can draft the agreement to state that they will be held jointly and severally responsible for the lease, as we've done in the free room rental lease agreement provided above. So if one tenant defaults or causes damages to the property, the remainder will have to foot the bill in total.
Many landlords prefer to have one rental lease agreement for a property. It works well when there is one tenant that initiated a communal sharing of a house and takes responsibility for the smooth running of the home. He communicates issues on behalf of the tenants to the landlord and can oversee maintenance on behalf of the landlord.
He can also have valuable input when it comes to the finding and screening of replacement tenants, especially for absentee landlords.
Tenants do have valid reasons for having to vacate their rooms earlier than planned. A simple Room Rental Addendum is an efficient and time-saving document to legally provide for a replacement tenant.
MADE AND ENTERED TO BY AND BETWEEN
AND THE FOLLOWING TENANTS:
Whereas a Room Rental Agreement was signed by the Landlord and Tenants as identified on the above Property, for a period of ____________ 20___ to ____________ 20___ with an automatic extension thereafter, requiring two months written notice.
It is hereby recorded that Tenant (_), ________________________, shall end her tenancy on ___________ 20___ and that _____________________________, shall become substitute Tenant (_) as from _________________ 20___ with a Rental Amount of $______ and a Security Deposit amount of $______.
All the provisions of the original Room Rental Agreement shall remain in full force and effect and are accepted by the Landlord and Tenants without any variation. A copy of the above mentioned Room Rental Agreement as well as any other agreements and forms pertaining to the renting of the Premises were made available to the substitute Tenant (_).
Thus acknowledged and signed by the Substitute Tenant at _____________________________ on this date _________________ in the presence of the undersigned witness:
Substitute Tenant: ______________________________ Witness: ___________________________________
Thus acknowledged and signed by the Landlord at _____________________________ on this date _________________ in the presence of the undersigned witness:
Landlord: ______________________________ Witness: ___________________________________
A Room Rental Addendum is an easy and convenient way to allow for a substitute tenant, which can then be attached to your original free room rental agreement.