Essential Clauses for Tennessee Roommate Agreements

Sharing a rental home with roommates can ease expenses and add flexibility, but it also comes with responsibilities and risks. In Tennessee, creating a clear roommate agreement can help prevent misunderstandings and protect everyone involved. Understanding what to include in a legally sound agreement is especially important for Tennessee tenants.

Why a Roommate Agreement Matters in Tennessee

A roommate agreement is a written contract between people sharing a rental property. While it does not replace your lease with the landlord, it spells out each roommate’s obligations, and can help everyone avoid confusion or conflict. Although Tennessee law mainly covers the landlord-tenant relationship, clear roommate agreements can still be enforced in court if all parties sign and follow them.

Must-Have Clauses for Tennessee Roommate Agreements

Including the right details in your agreement sets expectations and protects your rights. Here are essential clauses every Tennessee roommate agreement should cover:

• Names and Dates: List all roommates’ full legal names and the dates the agreement is effective.
• Rent and Utilities: Specify each roommate’s share of rent and how and when payments are made. Include rules for splitting utilities, internet, and other recurring costs.
• Security Deposit: State how much each roommate contributed and how any deductions or refunds will be handled at move-out.
• Household Duties: Outline responsibilities for cleaning, trash removal, and shared chores.
• House Rules: Address noise, guests, quiet hours, smoking, pets, and privacy.
• Damage and Repairs: Explain how the group will handle accidental damages or needed repairs not covered by the landlord.
• Termination: Describe the notice required if someone plans to move out and how subletting is handled.
• Dispute Resolution: Include a method for handling disagreements, such as mediation or group meetings.

Roommates, Subletting, and Your Landlord

In Tennessee, tenants are only allowed to sublet if their lease agreement specifically permits it, or if the landlord gives written approval. That means before adding a new roommate or subtenant, check your lease and seek consent from your landlord if required. For more information, see the Tennessee Department of Commerce and Insurance - Landlord Tenant Resources.

Relevant Forms for Shared Housing

• Move-In/Move-Out Checklist – This document helps tenants record the condition of the unit at the start and end of a tenancy. Recommended by the Tennessee Department of Commerce and Insurance, it’s used during move-in and move-out inspections to document any damages. Each roommate should sign a copy.
• Sample Roommate Agreement Template – While there is no official government form, you can find a sample from the University of Tennessee’s Off-Campus Housing office: UTK Student Legal Services Sample Agreement. This sample helps you start your own agreement.

Who Handles Roommate Disputes?

Roommate disagreements are typically handled in small claims court, not by a housing tribunal. However, for landlord-tenant concerns such as eviction, the Tennessee court system oversees disputes. The main legislation covering tenant rights and housing standards is the Tennessee Uniform Residential Landlord and Tenant Act (URLTA)¹.

Action Steps: Creating and Using a Roommate Agreement

• Discuss expectations and responsibilities with all roommates before moving in.
• Draft an agreement covering the essential clauses listed above.
• Review your lease to ensure compliance with landlord policies, especially about subletting.
• Have every roommate review and sign the agreement. Keep copies for all parties.
• Update your agreement if there’s a change, such as a roommate moving out or in.

FAQs About Roommate Agreements in Tennessee

1. Are roommate agreements legally binding in Tennessee?
   Yes, a signed roommate agreement is a binding contract between the roommates. While it does not affect your landlord, you can use it in small claims court if disputes arise.
2. Do I need my landlord’s permission to add a roommate?
   Check your lease first. In Tennessee, landlords can require you to seek approval before allowing a new roommate or subtenant. Always get written consent if needed.
3. Who is responsible if a roommate does not pay their portion of rent or damages?
   Unless your lease says otherwise, all tenants are usually jointly responsible for the full rent and damages to the landlord under Tennessee law. Your roommate agreement can also spell out how to handle these situations between roommates.
4. Can I remove a roommate from our agreement?
   Only a court can remove someone from the lease if they do not agree to leave. If everyone agrees, you can amend your roommate agreement and notify your landlord to update the lease if necessary.
5. Is there an official government roommate agreement form in Tennessee?
   No, there is not an official state form, but resources like the UTK Sample Agreement provide a helpful template you can adapt.

Conclusion

Having a detailed roommate agreement protects you, clarifies everyone’s duties, and reduces the chance of disputes. Don’t skip these steps when moving in with others:

• Discuss and document financial and household arrangements
• Review your lease for roommate and subletting policies
• Keep signed copies and update agreements when roommates change

Being proactive in your arrangements can help you enjoy a smoother and more secure rental experience in Tennessee.

Need Help? Resources for Renters

• Tennessee Department of Commerce and Insurance: Landlord-Tenant Resources
• Tennessee State Courts – For small claims and housing dispute information
• Tennessee Housing Development Agency
• University of Tennessee Off-Campus Housing Services

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1. Tennessee Uniform Residential Landlord and Tenant Act (URLTA)

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