What are the best practices for drafting a co-tenancy agreement with your co-tenant?

1 Consult your landlord

Before you draft a co-tenancy agreement, you should consult your landlord and make sure that they are aware of and agree to your co-tenancy arrangement. Depending on your lease terms, you may need to get your landlord's written consent or add your co-tenant as an authorized occupant or a co-signer. You should also check if your landlord has any specific rules or requirements for co-tenants, such as background checks, security deposits, or insurance.

2 Define the co-tenancy terms

One of the most important parts of a co-tenancy agreement is defining the co-tenancy terms, such as the duration, the rent amount, the payment method, the security deposit, and the notice period. You should also specify how to divide the utilities, the internet, the cable, and any other shared expenses. You should also clarify who is responsible for paying the landlord and collecting the money from the other co-tenant, and what happens if one of you fails to pay on time or in full.

3 Assign the roles and duties

Another essential part of a co-tenancy agreement is assigning the roles and duties of each co-tenant, such as who will take care of the cleaning, the maintenance, the repairs, and the trash disposal. You should also agree on how to handle any damages or issues that may arise in the property, and who will communicate with the landlord or the property manager. You should also outline the rules and expectations for each co-tenant, such as the noise level, the guests, the pets, the smoking, and the use of common areas and amenities.

4 Plan for contingencies

A co-tenancy agreement should also plan for contingencies, such as what happens if one of you wants to move out, sublet, or terminate the co-tenancy. You should also discuss how to handle any disputes or conflicts that may occur between you and your co-tenant, and how to resolve them amicably and fairly. You should also consider what happens if one of you breaches the co-tenancy agreement, the lease agreement, or the landlord's rules, and what are the consequences and remedies.

5 Review and sign the agreement

Once you have drafted a co-tenancy agreement with your co-tenant, you should review it carefully and make sure that it covers all the relevant aspects of your co-tenancy arrangement. You should also check if it is consistent with your lease agreement and your landlord's policies. You should also consult a lawyer or a legal expert if you have any doubts or questions about the legality or validity of your co-tenancy agreement. After you are satisfied with the agreement, you and your co-tenant should sign it and keep a copy for your records.

6 Update the agreement as needed

A co-tenancy agreement is not a static document that remains unchanged throughout your co-tenancy. You should update it as needed to reflect any changes in your co-tenancy situation, such as a change in the rent amount, the utility bills, the co-tenant's name, or the co-tenancy terms. You should also communicate any changes to your landlord and get their approval if necessary. You should also review your co-tenancy agreement periodically and make sure that it still meets your needs and expectations.

7 Here’s what else to consider

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