MAKE YOUR FREE Roommate Release Agreement
What is a Roommate Release Agreement?
A Roommate Release Agreement is an agreement between a departing roommate and the remaining roommate(s), in which the remaining roommate(s) agree to take over the departing roommate's responsibilities and liabilities for a property. Under this agreement, the departing roommate will no longer be held responsible for financial payments and/or be held liable for any damage to the property. The remaining roommate(s) will therefore be responsible for the property.
If the roommates are currently under a lease, the agreement will most likely require the approval and signature of the landlord. Typically the landlord will need to approve the agreement in order to make sure the subtenant or remaining tenants are financially capable of paying the full rent. In any case, make sure to check your lease or rental agreement for any specific instruction on how to properly handle the situation.
When to use a Roommate Release Agreement:
- You're a roomate and are moving out but the rest of your roommates are not.
- You're a roommate and one of your roommates is moving out and you have agreed to remove them from any liability for the remainder of the lease.
Sample Roommate Release Agreement
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ROOMMATE RELEASE AGREEMENT
This Roommate Release Agreement (the "Agreement") is made and entered into on (the "Effective Date"), by and between and
WHEREAS, the Roommates are co-tenants at the premises located at , , (the "Premises").
WHEREAS, the Roommates entered into a Lease on (the "Lease"), attached hereto as Exhibit A.
WHEREAS, desires to be released from all liabilities and obligations under the Lease, and the remaining roommate(s) agree to take full responsibility for all liabilities and obligations under the Lease for the remainder of the Lease term.
NOW THEREFORE, in consideration of the above recitals and mutual promises and benefits contained herein, the Roommates agree to the following terms:
| is relinquishing possession of the Premises on , and delegating all liabilities and obligations relating to the Premises to |
. the remaining Roommates.
| do hereby take full responsibility for all liabilities and obligations under the Lease for the remainder of the Lease term, including but not limited to the payment of rent. |
| shall no longer be liable for any and all terms and obligations under the Lease including but not limited to liability for any damage or destruction to the Premises. |
IN WITNESS WHEREOF, the Roommates have executed this Agreement in the manner prescribed by law as of the Effective Date.
| By: | Date: |
| By: | Date: |
EXHIBIT A
Roommate Release Agreement FAQs
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Does a Roommate Release Agreement require a landlord’s signature?
Generally, a Roommate Release Agreement only applies to roommates. If a landlord does not sign the release, or otherwise release the roommate from the Lease Agreement when they move out, the departing roommate can still be liable to the landlord for unpaid rent and damages. A Roommate Release Agreement may allow a departing roommate to be paid back by the remaining roommate(s) if the landlord successfully collects a debt from them. You may, however, ask your landlord to sign the Roommate Release Agreement, or a Lease Amendment removing the departing roommate from the original Lease Agreement, to avoid the landlord pursuing a former roommate after they move out.
