Conflicts Between Roommates - What Should You Do To Avoid Conflicts with Your Roommates?

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Overview

Welcome to the “Conflicts Between Roommates” section of Sherlock Homes! Sometimes you will face disagreement and conflicts when you share a flat with your roommates. Here we are to provide you with valuable resources and information to navigate such situations efficiently. 

In this section, you’ll find an introduction to roommate agreements, co-tenancy agreements and sublease agreements. You can get access to clear guidelines, comprehend your rights and responsibility, as well as how to resolve conflicts harmoniously. 

  • How to establish clear expectations, guidelines and responsibilities with my roommates?
  • What is the effect of a co-tenancy agreement? Is it necessary for all our names, as roommates, to be included on the co-tenancy agreement? 
  • Can I sublet my apartment to a new roommate? How should I do so? 
  • Can I evict my roommate?
  • What is a written policy by the landlord?
  • What is a roommate release agreement?
  • How should I resolve conflicts with my roommate harmoniously?

Topic 1: How to establish clear expectations, guidelines and responsibilities with my roommates?

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The Roommate Agreement intends to maintain peace between roommates by clearly setting out everyone’s obligations and expectations such that everyone understands their responsibilities in the household. It is recommended that all roommates sign a Roommate Agreement before disputes arise!

  • Date of contracts
  • The specified rent amounts and the due dates
  • Address of the property
  • All parties’ contact information
  • Insurance
  • Parking
  • Utilities
  • Noise restriction
  • Time for quiet hours
  • Drinking rules
  • Maintenance and cleaning responsibilities
  • Limitations on the guest visit
  • Expectation on cleansing

Topic 2: What is the effect of a co-tenancy agreement? Is it necessary for all our names, as roommates, to be included on the co-tenancy agreement?

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In rental agreements, the Landlord’s actions to terminate or enforce the tenancy rules apply to all tenants if all their names are listed on the co-tenancy agreement. This legal concept is generally called “jointly and severally liable.” As an illustration, picture a scenario where four tenants co-live in a house, and all their names are listed on the co-tenancy agreement, each paying one-fourth of the rent. If one tenant fails to pay the rent, other than vacating the specific tenants who breach the tenancy, the Landlord enjoys the right to issue a 3-day pay or exit notice to all four tenants. Suppose that particular roommate eventually fails to pay the rent. In that case, the other three tenants in the unit might have to contribute more to cover the default in payment to avoid being evicted by the Landlord. In similar situations, whenever a co-tenant breaches the lease by violating pet policies or certain obligations, The Landlord could evict and terminate the lease of all four tenants rather than merely terminating the lease of the breaching tenant.

 

If all co-tenants signed separate tenancy agreements with their landlords, they would be merely responsible for their portion of the rent. Only the individual tenant who defaults in paying rent would be held accountable. This situation underlines the possible advantages of signing separate tenancy agreements rather than a joint tenancy agreement, given that individual tenants will not be held liable for their co-tenant’s breach of tenancy. However, it is essential to note that, in reality, a landlord would prefer a joint-tenancy agreement rather than a separate agreement for greater efficiency, simplicity, and flexibility and to ensure shared responsibility.

Topic 3: Can I sublet my apartment to a new roommate? How should I do so?

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  • Signature of your Landlord, who approved the sub-letting
  • Name of the Landlord, original lease tenant, and the sublease tenant
  • The date of the original lease
  • The starting date of the sublease
  • Whether the duration of the sublease covers the period of the original lease
  • Description of the specific portion leased by the sub-tenant
  • Information regarding the security deposit and payment of the lease
  • Matters related to dispute resolution

Other questions

Technically, you cannot evict your roommate. Only your Landlord attains the right to evict your roommate.

The document offers an all-inclusive framework that enables all tenants to comprehend their rights and obligations. In addition, tenants can anticipate expectations on their behaviors in case of conflicts and issues according to the clear delineation in the Policy. Mediation can be a practical approach for settling disputes.

The Roommate Release Agreement is legally binding between the leaving roommate and the remaining roommate when a co-tenant opts to move out or is evicted. The remaining roommate would usually assume the liability and responsibility of the departing roommate. As a result, the departing roommate will no longer be liable for any financial obligation for future property damage. The Roommate Release Agreement generally requires the Landlord’s signature and approval, given that the Landlord can protect himself by ensuring that the remaining roommate is financially capable of covering the entire rent by themselves.

 

Although the Landlord’s signature on the Roommate Release Agreement is not legally required, it protects the departing roommate from any further obligation and liability, such as unpaid rent and damage to the original lease. Otherwise, in the worst-case scenario, the department roommate might not be able to claim reimbursement from the remaining roommate for the debt collected from them by the Landlord.

 

It is of utmost importance for the department co-tenant to negotiate with the remaining co-tenants and Landlord to remove their name from the tenancy agreement. Otherwise, they are still legally liable for any obligation and rent payment despite their departure.

 

(1) Transparent Communication

Try to facilitate honest and open communication with your roommate. Express your worry and listen to their viewpoints attentively.

(2) Honour Individual Boundaries

To respect each other, establish and discuss guidelines relating to visitors, shared areas, and noise levels before moving in to avoid conflicts.

(3) Set guidelines

A Roommate Agreement shall be established to set out rules and expectations to regulate expectations. Particulars might include quiet hours, cleaning schedules, or shared expenses. Please refer to our website’s “Roommate Agreement” section for further information.

(4) Finding a Middle Ground

Cooperate and seek a mutually acceptable solution in case of conflicts. Both should acknowledge that compromising is necessary for a harmonious living environment.

(5) Engaged Listening

Actively listen to your roommate to understand his perspective. Enable a more in-depth understanding of the emotions and needs of your roommate by avoiding interruptions and interruption.

(6) Dispute Resolution – Mediation

Mediation involving a neutral third party in the conflict is a practical approach to facilitate constructive discussion and assist both parties in reaching a consensus.

(7) Assuming Accountability

Demonstrate maturity when you have done something wrong and apologize promptly. Taking up your responsibility can effectively reconstruct trust and relationships when conflict occurs.

(8) Consider Alternative Viewpoints

Offering understanding and empathy towards your roommate and seeking to understand his perspective helps build a great relationship and conflict resolution.

(9) Dispute Resolution Capabilities

Develop dispute-resolution skills by working on finding solutions rather than pointing fingers. Moreover, try to stay calm whenever you express concern and use “I” as the subject.

(10) Timely Handling of conflicts

To avoid conflicts escalating into a more substantial problem, address the issue immediately. The sooner you and your roommate resolve the disputes, the simpler they are to settle.

Disclaimer 

“Nothing in this website is intended to be nor should be construed as legal advice. This is an educational project created by students. Please consult your lawyer for legal advice.”

Please read this disclaimer carefully before using the information provided in our Legal Information Centre.

  1. Legal Information, Not Legal Advice: The content provided on this site, including any sample lease agreement clauses, are intended for informational purposes only. They do not constitute legal advice. You should not act or refrain from acting based on any information provided on this site without first consulting with a legal or professional advisor.
  2. No Attorney-Client Relationship: The use of the information on this site does not establish an attorney-client relationship between you and our Legal Information Centre. If you need legal advice, please consult with a qualified attorney.
  3. Variability of Lease Agreements: The lease agreement clauses provided here are common clauses typically found in a standard tenancy agreement and are provided only as examples. They may not cover all aspects of a lease agreement and may not suit your specific circumstances. Each tenancy agreement is unique and may contain different terms, conditions, and clauses. Always review your specific agreement carefully and consult with a legal advisor if necessary.
  4. No Guarantee of Accuracy: While we make efforts to keep the information up-to-date and accurate, we do not warrant or guarantee that the information provided here is complete, accurate, or current. Laws and regulations can change frequently, and the information provided here might not reflect the most recent legal developments.
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