Delaware Roommate Agreement

Delaware Roommate Agreement

Before you use this: Select each person's status. A co-tenant signs the property owner's lease; a subtenant rents from another tenant. Obtain any owner or program approval the master lease requires. A sublessor who receives a separate security deposit must follow Delaware's deposit rules.

This Agreement is made on [__/__/____] for the home at [STREET, UNIT, CITY, DELAWARE ZIP]. The owner or resident agent is [FULL NAME, USUAL BUSINESS ADDRESS]. Other person deemed a landlord under 25 Del. C. § 5141, if any: [FULL NAME, USUAL BUSINESS ADDRESS / NONE]. The master lease is dated [__/__/____] and ends [__/__/____ / MONTH TO MONTH]. Attach its complete text, amendments, and rules as Exhibit A.

Arrangement: ☐ All roommates are co-tenants on the master lease; subtenant provisions do not apply. ☐ One or more roommates are subtenants of the named Sublessor; complete the subtenant provisions for each. Identify any different relationships in the table.

1. Lease rights and approval

No roommate receives more use or occupancy rights than the master lease allows. Lease terms for added occupants, guests, pets, or subletting: [SECTIONS / ATTACHED RULES]. Owner or program approval: ☐ Written approval attached as Exhibit B ☐ Not required under the reviewed lease and program terms. A new co-tenant must sign the owner's lease or a signed amendment; this Agreement alone cannot add or remove a co-tenant under that lease. A subtenant's occupancy depends on the Sublessor's lawful right and any required permission.

2. Term, rent, and shared expenses

This Agreement begins [__/__/____] and continues until [__/__/____ / MONTH TO MONTH], subject to the master lease and Section 5. If no definite term is stated for a subtenancy, it is month to month under 25 Del. C. § 5106(b). Total rent under the master lease: $[____] per month, due [DAY]. Person who pays the owner: [NAME / EACH PAYS DIRECTLY].

A roommate collecting rent will give each payer a record and forward the funds by [DAY]. Internal shares do not change a co-tenant's obligations to the owner. Late charge between roommates: [NONE / AMOUNT AND TRIGGER, IF LAWFUL].

The account holder will share each bill before collecting reimbursement. A shared purchase over $[____] requires advance approval from [ALL / NUMBER] roommates.

3. Deposit contributions and accounting

If all are co-tenants: The owner's master-lease deposit is separate from a roommate's internal contribution. Early departure alone does not end the master tenancy or make the owner refund one co-tenant's portion. The roommates will record any buyout or replacement contribution in a signed departure statement. When the owner returns the master deposit, the roommates will allocate the balance using documented contributions, individual deductions, and shared deductions, then pay each share within [____] days after receipt.

If a subtenant pays Sublessor a separate deposit: Deposit $[____], paid on [__/__/____]. Under this Agreement, Sublessor will require no more than one month's sublease rent from the outset. This contractual limit also covers the statutory one-month ceiling for a tenancy of at least one year and a month-to-month or undefined primary residential tenancy lasting at least one year, subject to § 5514(a)'s stated exceptions. Sublessor will place the full deposit in a designated escrow account at a federally insured bank with a Delaware office accepting deposits, disclose the account's location to Subtenant, and use the funds only as § 5514 permits. The roommates may use this signed Agreement as their sublease terms if its subtenant fields are complete.

Within 20 days after the subtenancy expires or terminates, Sublessor will return any deposit amount due and provide an itemized list of premises damage and estimated repair costs, with the balance after lawful deductions. Ordinary wear and tear is not a damage deduction. Sublessor notice address: [ADDRESS]. Subtenant's notice or forwarding address: [ADDRESS / TO BE PROVIDED IN WRITING BY TERMINATION]. The roommates will record move-in and departure condition in Exhibit C.

4. Rooms, guests, and household duties

Shared kitchen, bathroom, living space, parking, and storage: [DETAILS]. Cleaning and trash schedule: [TASKS AND FREQUENCY]. Quiet hours: [TIMES / NONE]. Guests and overnight visits: [TERMS CONSISTENT WITH MASTER LEASE]. Occupancy limits and owner approval: [MASTER-LEASE TERMS]. Pets: [TERMS CONSISTENT WITH MASTER LEASE / NONE].

Each roommate will keep shared areas reasonably clean, promptly report needed repairs to [OWNER/MANAGER AND CONTACT], and respect others' private rooms and property. No roommate may enter another's private room without permission except as the lease or law permits. A roommate responsible for documented damage will pay that roommate's lawful share after owner accounting or insurance payment is considered.

5. Departure, replacement, and disputes

A roommate planning to leave will give written notice to the others and, where required, the owner. For a separate month-to-month subtenancy, either Sublessor or Subtenant may terminate by written notice given at least 60 days, with the 60-day period beginning on the first day of the month after actual notice, under 25 Del. C. § 5106(d). Notice delivered on: [__/__/____]. First day of notice period: [__/__/____]. Termination date: [__/__/____]. Different fixed terms and any protected early-termination rights follow applicable law. A co-tenant's notice or move-out does not itself release that person from the owner's lease; obtain a signed owner release or amendment if needed.

A replacement must obtain any required owner or program approval and sign a new or amended roommate agreement before moving in. No roommate may remove another solely by vote, changing locks, or taking property. The roommates will first discuss disputes using the relevant bill, condition record, or house rule, and may choose voluntary mediation through [SERVICE / NONE].

6. Attachments and signatures

• Exhibit A: Complete master lease, amendments, and rules: ☐ Attached and delivered.
• Exhibit B: Required owner or program approval: ☐ Attached ☐ Not required after review.
• Exhibit C: Move-in condition and deposit contribution records: ☐ Attached.
• Landlord-Tenant Code summary prepared by the Attorney General's Consumer Protection Unit: ☐ Delivered to each new Subtenant at the beginning of the rental term ☐ No subtenant.
• Applicable local, federal, or housing-program disclosures: [IDENTIFY / NONE APPLICABLE].

Delaware law governs. No term waives a nonwaivable right or changes the owner's lease without the owner's agreement. An unenforceable term does not cancel the remaining lawful terms. Changes require a writing signed by affected roommates and any required owner approval. Each signer receives a signed copy free of charge.