The Complete Guide to Roommate Agreements in 2026
Everything you need to know about creating a roommate agreement — what to include, common mistakes, and how to make it legally binding with e-signatures.
Moving in with a roommate? A written agreement is the single best thing you can do to prevent conflicts down the road. According to recent surveys, 33% of roommates experience serious disputes — most of which could have been avoided with clear expectations set in writing.
Why You Need a Roommate Agreement
A handshake deal feels fine… until it doesn’t. Here’s what typically goes wrong without a written agreement:
- Rent disputes: “I thought you were covering utilities separately.”
- Cleaning conflicts: “It’s your turn” battles that never end.
- Guest policies: Your roommate’s partner effectively moves in.
- Move-out chaos: Who keeps the couch? Who pays the last month?
A roommate agreement puts everything in black and white. And when it’s e-signed, it carries the same legal weight as a handwritten signature under the ESIGN Act.
What to Include
1. Rent and Utilities
Spell out exactly who pays what:
- Monthly rent amount and split ratio
- Due date and payment method
- How utilities are divided (equally, by room size, by usage)
- What happens if someone pays late
2. Common Areas and Cleaning
- Cleaning schedule or rotation
- Shared vs. personal items
- Kitchen rules (labeling food, dishes timeline)
- Bathroom sharing arrangements
3. Guest and Overnight Policies
- How many overnight guests per week
- Advance notice requirements
- Long-term guest rules (when does a guest become a roommate?)
4. Noise and Quiet Hours
- Designated quiet hours (e.g., 10 PM – 8 AM)
- Music/TV volume expectations
- Work-from-home considerations
5. Move-Out Terms
- Required notice period (typically 30-60 days)
- How to handle the security deposit
- Responsibilities for finding a replacement
How to Make It Legally Binding
A roommate agreement does not need to be notarized. To be enforceable, it needs:
- Clear terms both parties understand
- Signatures from all parties (electronic signatures count)
- Dated at the time of signing
The fastest way to create and sign one is with an AI-powered tool like pen.sh. Describe your living situation, and the AI generates a comprehensive, state-specific agreement that all roommates can e-sign from their phones — no app download needed.
Common Mistakes to Avoid
- Being too vague: “We’ll split everything fairly” is not enforceable. Use exact numbers.
- Skipping the uncomfortable topics: Overnight guests, breakup scenarios, and move-out terms are uncomfortable but critical.
- Not signing it: A verbal agreement is nearly impossible to enforce. Always get signatures.
- Forgetting to update it: If circumstances change (new roommate, rent increase), create an addendum.
Get Started
Ready to create your roommate agreement? Start for free on pen.sh — just describe your situation and the AI handles the rest. Your first 10 documents are completely free, no credit card required.
pen.sh is not a law firm. For complex legal situations, consult a licensed attorney in your state.