Essential Roommate Agreement Clauses for Massachusetts Tenants

Sharing a rental in Massachusetts can be a great way to save money, but it’s important to clarify responsibilities before moving in together. A well-crafted roommate agreement sets clear boundaries, reduces conflict, and helps everyone understand their rights under Massachusetts law. Whether you’re signing a lease together or moving into an existing tenancy, a roommate agreement can offer valuable peace of mind.

Why a Roommate Agreement Matters in Massachusetts

A roommate agreement is a written contract between co-tenants or occupants sharing a rental. While not required by law, this agreement helps clarify expectations that Massachusetts rental laws may cover only in part. Unlike the main lease—which is binding between the landlord and official tenants—a roommate agreement governs relations between the roommates themselves.

Massachusetts residential tenancies fall under the Massachusetts General Laws Chapter 186: Estates for Years and At Will.^[1] This legislation covers landlord-tenant relationships but not the internal household agreements between roommates. That’s why it’s wise to create a detailed roommate contract from the start.

Must-Have Clauses for Every Roommate Agreement

Every co-living situation is unique, but these essential topics should always be included to prevent confusion later.

• Rent and Utilities: Who pays what share, and by which date? Be specific about both rent and all household bills.
• Security Deposit: How much did each roommate contribute? How will deductions and refunds be handled when someone moves out?
• Household Responsibilities: Detail cleaning schedules, chores, trash days, and shared supply purchasing to keep things fair.
• Guests and Quiet Hours: Set guidelines for overnight guests, parties, and noise to respect everyone’s boundaries.
• Room Assignments and Shared Spaces: Who gets which bedroom? Are there any areas off-limits?
• Moving Out/Early Termination: What’s the process if someone wants to leave? Specify notice periods and responsibility for finding a replacement roommate.
• Repairs and Maintenance: Who reports issues to the landlord? How are damage costs split?
• Conflict Resolution: Include a process for resolving disputes—such as mediation or a meeting—before taking legal steps.

What If You’re Not on the Lease?

If you aren’t officially named on the lease, the landlord may consider you a subtenant or occupant. In Massachusetts, some renters may be required to notify the landlord when bringing in an additional roommate or subleasing a room. Always check your lease terms and consult with the main tenant before moving in. You may not have the same protection under state law as those listed on the lease.

The main leaseholder is responsible for the full rent to the landlord, but your roommate agreement determines what you owe the leaseholder each month.

Relevant Massachusetts Forms for Roommates and Sublets

• Statement of Condition (No official form number): Used when a landlord collects a security deposit. It documents the apartment's condition, protecting all roommates from unfair charges.
  Example: All roommates should review and sign this with the landlord at move-in, and receive a copy.
  Massachusetts Statement of Condition Guide
• Roommate or Sublease Agreement (No official government form): Massachusetts does not provide an official template, but written agreements are strongly encouraged. You can model your own using sample clauses found through the Mass.gov housing guidance.
  Renters' Rights and Responsibilities on Mass.gov
• Rental Application (DHCD-2): Often used when a new roommate is added and the landlord wants to screen them.
  Example: When someone moves out, you find a new roommate who needs to submit this form to be considered by the landlord.
  Massachusetts Rental Application and Tenant Rights Guide

Who Handles Roommate Disputes or Rental Issues?

Massachusetts does not have a standalone housing tribunal, but rental disputes can be heard in local Housing Courts. For landlord-tenant disputes, the Massachusetts Housing Court handles eviction, rent, and habitability cases.^[2] Roommate disputes about your internal agreement are generally handled in Small Claims Court.

FAQ: Massachusetts Roommate Agreements

1. Are roommate agreements legally binding in Massachusetts?
   Yes, a written roommate agreement can be enforced in Small Claims Court if it clearly states the terms agreed upon by all parties.
2. Can a roommate be evicted without being on the lease?
   If a roommate is not on the lease, the main tenant (the person named on the lease) may ask them to leave, but must still follow proper legal procedures. Landlords must use the court process to formally evict someone.
3. What happens if a roommate refuses to pay their share of rent?
   All leaseholders are jointly responsible to the landlord. If one person doesn’t pay, the others can be held liable. Your internal agreement lets you take action against the non-paying roommate in court.
4. Can I sublet my room in Massachusetts?
   Most leases require landlord permission before subletting. Always check your lease and get written consent before bringing in a subtenant.
5. Are there resources to help draft a roommate agreement?
   Yes. While Massachusetts does not provide official templates, Mass.gov offers detailed housing guidance to help renters create agreements.

Key Takeaways for Massachusetts Renters

• Roommate agreements clarify expectations and reduce conflict in shared rentals.
• Include details about rent, security deposits, chores, guests, and moving out.
• Massachusetts Housing Court handles most formal housing disputes.

Carefully drafting and updating your roommate agreement gives everyone peace of mind—so you can focus on making your house a home.

Need Help? Resources for Renters

• Massachusetts Housing Court: For landlord-tenant disputes, evictions, and rent matters
• Massachusetts Tenant Rights Guide: Current state laws and tenant protections
• Office of the Attorney General - Consumer Advocacy & Response Division: For housing complaints and legal assistance
• MassLegalHelp: Housing Resources: Plain-language legal information for Massachusetts tenants

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1. Massachusetts General Laws Chapter 186: Estates for Years and At Will
2. Massachusetts Housing Court

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