When a roommate breaches an oral or written agreement, several legal considerations and practical steps come into play.

Enforceability of Oral vs. Written Agreements

• Oral Agreements: Oral agreements between roommates can be enforceable under certain circumstances, particularly if there is evidence of the agreement and its terms. However, proving the existence and specifics of an oral agreement can be challenging in court.
• Written Agreements: Written roommate agreements are strongly recommended. They provide clear documentation of each party’s obligations and rights, making it easier to enforce terms and resolve disputes. Courts generally enforce written agreements that address issues such as rent, utilities, and other shared responsibilities.

Common Types of Breaches

• Failure to Pay Rent or Utilities: If a roommate does not fulfill their financial obligations as agreed, this constitutes a breach.
• Violation of Cleaning or Guest Policies: Disputes often arise over cleaning schedules, noise, or guest policies, especially if these are outlined in the agreement.
• Early Termination: If a roommate leaves before the agreed-upon period, this may be considered a breach if the agreement specified a duration.

Legal Recourse

• Suing for Breach of Contract: If a roommate violates the terms of an oral or written agreement, you may sue them for breach of contract. The success of such a lawsuit depends on your ability to prove the agreement and the breach.
• Landlord’s Role: Landlords are generally not bound by agreements between roommates and cannot enforce them. Only the landlord can evict a tenant, not a roommate.
• Joint and Several Liability: Roommates are often jointly and severally liable to the landlord for rent and damages, regardless of any internal agreements. If one roommate fails to pay, the others may be required to cover the shortfall.

Practical Steps

• Document Everything: Keep records of all agreements, payments, and communications.
• Communicate Directly: Attempt to resolve disputes through direct communication.
• Mediation: Consider mediation if direct resolution is not possible.
• Legal Action: If necessary, pursue legal action to enforce the agreement or recover damages.

Key Takeaways

• Written agreements are easier to enforce and clarify expectations.
• Oral agreements can be enforceable but are harder to prove.
• Landlords are not responsible for enforcing roommate agreements.
• Roommates may be held jointly liable for rent and damages, regardless of internal agreements.

For more detailed guidance, consult sample roommate agreements and legal resources available through university or legal aid websites.