Roommate Agreement in Florida

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What Florida law says

Roommate not on the lease	A "tenant" is any person entitled to occupy a dwelling unit under a rental agreement, which can be written or oral. A roommate with no agreement with the landlord or the leaseholder is not a tenant under that definition; a roommate who pays rent to the leaseholder under an oral or written agreement may be that leaseholder's tenant. Florida also has a separate category of "transient occupant" for short, non-lease stays. Whether a roommate is a tenant or a transient occupant depends on the facts, such as rent paid, a room of their own, belongings, and address records. Source: Fla. Stat. §§ 83.43 (rental agreement, tenant), 82.035(1)
Removing a roommate or subtenant	A leaseholder who rents to a roommate under a rental agreement must follow the Residential Landlord and Tenant Act to remove them: the proper written notice (for example, 3 days for unpaid rent, or the notice ending a month-to-month tenancy) and then an eviction case in county court. Self-help (lockouts, removing belongings, cutting utilities) is prohibited; possession may be recovered only through the court process. If the roommate is a transient occupant rather than a tenant, the faster transient-occupant remedy may apply instead (Fla. Stat. § 82.035). Source: Fla. Stat. §§ 83.43, 83.56, 83.57, 83.59, 83.67

Roommate not on the lease

A "tenant" is any person entitled to occupy a dwelling unit under a rental agreement, which can be written or oral. A roommate with no agreement with the landlord or the leaseholder is not a tenant under that definition; a roommate who pays rent to the leaseholder under an oral or written agreement may be that leaseholder's tenant. Florida also has a separate category of "transient occupant" for short, non-lease stays.

Whether a roommate is a tenant or a transient occupant depends on the facts, such as rent paid, a room of their own, belongings, and address records.

Source: Fla. Stat. §§ 83.43 (rental agreement, tenant), 82.035(1)

Removing a roommate or subtenant

A leaseholder who rents to a roommate under a rental agreement must follow the Residential Landlord and Tenant Act to remove them: the proper written notice (for example, 3 days for unpaid rent, or the notice ending a month-to-month tenancy) and then an eviction case in county court. Self-help (lockouts, removing belongings, cutting utilities) is prohibited; possession may be recovered only through the court process.

If the roommate is a transient occupant rather than a tenant, the faster transient-occupant remedy may apply instead (Fla. Stat. § 82.035).

Source: Fla. Stat. §§ 83.43, 83.56, 83.57, 83.59, 83.67

Fill it in

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · Florida tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.