Menu Close

Generic Agreement to Rent A Room: A Primer

What Is A Room Rental Agreement?

A room rental agreement is a legally binding contract between a landlord and a tenant which lays out in detail the terms and conditions of a rental property.
The agreement usually highlights the rent the tenant will pay, information about the specific rental property such as the address, entry date and how to access the property, how long the rental contract is for, whether or not pets are permitted, utilities covered by the landlord, rental deposits/fees and a list outlining the responsibilities and liabilities of both the landlord and the tenant.
For example, a general room rental agreement for a condo or house that is shared by multiple people could include some of the following key topics:
• parking and whether the expense is included in the rent
• the hours of use for common areas of a property
• whether smoking and recreational drug use (including cannabis) are permitted in the house or yard
• if a tenant is responsible for yard maintenance such as mowing the lawn or shoveling snow
• a clause underlining the tenant’s enforcement to abide by all house rules, as well as important local laws pertaining to noise and nuisance
• what happens to the tenant’s belongings and security deposit if rent is unpaid or the rental agreement is terminated
• a list of rooms and their uses (i . e. bedroom, kitchen, bathroom) that the landlord will not access without providing adequate notice
• background check information
Exemptions
Rental agreements in B.C. are regulated by the province’s Residential Tenancy Act (RTA) – with some exceptions. For example, rental agreements for most single-family homes and condos are subject to the RTA, but rental agreements for condos that are rented to tenants who rent part of the condo to others (secondary tenants), are exempt from some sections of the RTA.
There are also other exemptions to the RTA, such as a rental agreement for a rental unit on cooperative housing and rental units on First Nations’ land.

Essential Elements to a Generic Room Rental Contract

The key components of a generic room rental agreement should include: the parties, the rent amount and its payment terms, the duration of the agreement, and the parties’ rights and obligations upon termination of occupancy.
Here is an example of a generic room rental agreement:
This Room Rental Agreement ("Agreement") between the undersigned Landlord(s) and Tenant becomes effective on the ____ day of ___________, 20__ ("Effective Date"). Landlord(s) and Tenant, each agree to abide by the terms and conditions of this Agreement.
Landlord(s): _______________________________________________
_______________________________________________
Tenant(s): _______________________________________________
_______________________________________________
Address: ___________________________________________________
Rent Amount: $XX.00 per month, due on the ______ day of each month.
Duration: This Agreement shall remain in effect month-to-month until terminated by either the Landlord(s) or Tenant with ______ day(s) written notice.
Termination: Upon termination of this Agreement, Tenant(s) will vacate the premises. The Landlord(s)’ obligation upon termination is to refund any prepaid rent to Tenant(s) if Landlord(s) are not terminating for cause.

  • If the Tenant fails to comply with the requirements of Section 2 of this Agreement, after the Landlord(s) have given the tenant written notice of such failure, the Landlord(s)’ obligation upon termination will equal to the damage done to the premises.
  • The Tenant’s obligations upon termination are to repair the damage done to the premises, to restore the premises to its condition at the time of rental (except for reasonable wear and tear) and to settle for rent due and unpaid.
  • The Tenant, in writing, does hereby waive all rights to a further presentment, demand, or notice of any kind, for any rent or any other sums payable under this agreement. In addition, the Tenant intends that this waiver shall always be in force and will extend to any renewals or subsequent agreements or amendments.
  • The Tenant, in writing, does hereby waive his/her right to a list of damages and repair which is to be completed and delivered to him/her within five days of vacating the premises.
  • The parties to this Agreement do hereby acknowledge that the Landlord(s)’ obligation upon termination of the Agreement is limited to those obligations which are specifically set forth within this Agreement.

Benefits of Using a Generic Room Rental Agreement

These agreements have a few advantages for them. They help protect both the landlord and the tenant from being taken advantage of. As a tenant it’s important to go over the contract and ensure there are no restrictions or unexpected fees that the landlord can charge. If you’re renting from a private owner rather than an agency or larger company, they might not be entirely clear about the expectations they have for responsible tenants. The generic agreements help simplify things by providing concise explanations about what the landlord and tenant should expect from one another.

How To Write A Generic Room Rental Contract

When drafting a simple generic room rental agreement, there are a few things you will want to consider. For example:

  • How long is the rental period?
  • Where is the room located?
  • When should the rent be paid?
  • How much is rent?
  • Is parking space provided?

Items which typically need to be specified include:

  • Rent payment method – it can be paid by wire transfer, cash or cheque
  • Room check-in/check-out times – is there flexibility on weekends or is it strictly 06:00-22:00?
  • Guests or visitors – what about guests?
  • Is there a cleaning fee, damage deposit, and/or pet deposit?
  • Are amenities like laundry and internet included?

Denise Ali explains that if you are renting out a room in your house or condo, then a room rental agreement might sometimes be more appropriate than an apartment lease.
One thing to remember is that if you own a condo, check the strata bylaws to make sure that subletting is allowed and if there are any limitations. Different bylaws allow for different approaches. Make sure that your strata allows for subletting of rooms and/or entire suites in the complex. Do not just confirm with the strata that other owners are already doing it and renting out without consent of the strata as well – if they haven’t followed the bylaws, do not assume you can too.
A room rental agreement generally outlines the following aspects:

  • Parties involved
  • Premises information
  • Rent amount
  • Repairs and maintenance
  • Landlord obligations
  • Tenants obligations
  • Additional information

Common Provisions in a Generic Room Rental Agreement

In any room rental agreement, you can expect to find a few different standard clauses. You’ll usually discover that these are pretty much the same regardless of the state or county you reside in. Here are a few of the most common ones you’ll find:
Security Deposit
It’s pretty standard for landlords to require a security deposit as part of their room rental contract. This will be either a full or partial prepayment of rent (sometimes called an advance rent clause). However, some states have laws in place to limit how much a landlord can collect in advance. For example, advances of first month and last month’s rent plus a security deposit are often illegal in some areas. It’s also usually illegal to require a security deposit greater than the cost of one month’s rent.
The room rental agreement should outline whether you receive interest on your security deposit and describe the conditions under which the security deposit can be withheld and how it will be returned to you. Keep in mind that even if a landlord puts the language in the agreement, whether they follow through is a different story. Both property owners and tenants can break the lease and have to pay a penalty fee as outlined in the agreement .
House Rules
In addition to security deposits, the renting agreement should outline the house rules both you and the landlord may be expected to follow. Some rules may be "special" so as to protect the safety and integrity of the property but should remain reasonable. Other house rules may end up just being your landlord’s preference. But they should remain reasonable, regardless.
Common rules you may find in your room rental contract include:
Inspection and Maintenance Responsibilities
Room rentals and owners’ property can easily get damaged. That’s why your room rental contract will likely specify who’s responsible for making repairs to the property. You’ll likely find that you’re responsible for minor items like changing lightbulbs and managing minor in-room accidents (i.e. using cleaner to disinfect toilet bowl stains).
Although it may seem simple, it’s important to determine who’s responsible for replacing batteries in smoke detectors. Also, be sure to distinguish between minor and major damages to the rental property. A broken window, for example, would likely be deemed a major damage that’s the landlord’s responsibility.

Legal Issues to Consider in Room Rental Contracts

Before jumping straight into a generic agreement, it is crucial to consider the potential legal implications that may arise from having an individual live on your property. While different states have different regulations regarding the landlord-tenant relationship, there are common legal pitfalls that can befall such arrangements if not addressed up front.
One such concern is whether the individual living in the room is a tenant or just a temporary guest. This is particularly important for those renting space in a home for a relatively short-term (i.e., less than one year). States vary on how they distinguish between a lease and license (i.e., license agreements are governed by contract law unlike leases which are subject to real property laws). A person renting a room in your home may be determined to have a license rather than a lease which depends of the amount of control retained by the landlord over the rented space. Depending on the state, a licensee may not have a right to a habitable dwelling, to a notice of eviction, or to a private landlord/tenant lawsuit for eviction and instead have to sue in small claims court. Additionally, a licensee’s occupancy right may be terminated with little warning (depending on the state) rather than a notice of that the lease has expired.
Another concern is regulating or restricting which members of society can be prohibited from living in your property for safety or sound reasons. For example, state or federal laws may prohibit you from denying tenancy based on the basis of race, color, religion, sex, national origin, familial status, and/or disability (i.e., Fair Housing Act). Because Fair Housing laws apply at the time a tenancy is refused (and not at time of renewal) a room rental agreement may be used to limit denied persons from renewing. However, you may not be permitted to deny a lease at renewal if you were not denied on such basis in the first place. Additionally, depending on your state, criminal history or sexual offender status (though not always) may be a proper reason for denying a lease at renewal. However, keep in mind that some states may have laws limiting how you may access or use criminal background checks for the purposes of entering into a room rental agreement.

Room Rental Agreement FAQs

Q: Do I have to sign a room rental agreement after my lease ends?
A: No. You are not required to sign a rental agreement after your lease ends, but your landlord may require you to sign one in order to remain in the rental property.
Q: Should I view a generic room rental agreement as a serious legal document or as a simple agreement between me and my landlord that can be easily modified?
A: The better answer is "both." Your room rental agreement can be modified by you and the landlord, but it is still a legally binding document. Legally binding means that if things go awry, you could potentially end up facing legal action from your landlord. It is much better (and less expensive) for both sides to have an agreement in writing so that everyone knows what is expected of them.
Q: If I don’t like something in the room rental agreement , does that mean that it is invalid?
A: Not necessarily. Just because you do not understand or like something in your agreement, that doesn’t invalidate it. To be invalid, you would have to be able to prove that one party did not hold up their own end of the agreement, which caused the other party unfair harm.
Q: Can I draft my own room rental agreement, or do I have to have one written by the landlord?
A: You can draft your own rental agreement with the landlord, but it is not advisable. You could actually create a number of different types of legal problems by doing this, and we recommend that you stick with the generic room rental agreement drafted by your landlord. Your landlord probably has a skilled attorney on hand who stays abreast of room rental law. It would be costly (and possibly dangerous) for you to try to draft your own agreement.