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Roommate Agreement (Australia)

Roommate Agreement

This Roommate Agreement (the "Agreement") is made on [Agreement Date] between the co-tenants named below in relation to the shared rental property at [Property Address], [State/Territory], Australia.

This Agreement records the rights and obligations of the co-tenants with respect to each other. It does not replace or vary the main residential tenancy agreement with the landlord. All co-tenants remain jointly and severally liable to the landlord under the main residential tenancy agreement.

1. RENTAL PROPERTY

1.1 Address: [Property Address].

1.2 Landlord / Property Manager: [Landlord Name].

1.3 Main Lease Period: [Main Lease Start Date] to [Main Lease End Date].

2. CO-TENANTS

2.1 First Co-Tenant: [Tenant 1 Name], email [Tenant 1 Email], phone [Tenant 1 Phone], occupying [Tenant 1 Room].

2.2 Second Co-Tenant: [Tenant 2 Name], email [Tenant 2 Email], phone [Tenant 2 Phone], occupying [Tenant 2 Room].

3. RENT

3.1 Total Weekly Rent: The total weekly rent payable to the landlord is AUD $[Total Weekly Rent].

3.2 Rent Division: The rent is divided [Rent Split Method].

3.3 Individual Rent Shares:

  • [Tenant 1 Name]: AUD $[Tenant 1 Rent Share] per week;
  • [Tenant 2 Name]: AUD $[Tenant 2 Rent Share] per week.

3.4 Payment: Each co-tenant must transfer their individual share of rent to the nominated account by [Rent Payment Day] each week. It is the responsibility of each co-tenant to ensure their share is paid on time, as all co-tenants are jointly and severally liable to the landlord for the full rent.

3.5 If one co-tenant fails to pay their share of rent by the due date, the other co-tenants may, but are not obliged to, cover the shortfall temporarily. Any amount paid on behalf of a co-tenant is a debt recoverable from that co-tenant.

4. BOND

4.1 Total Bond: The total bond lodged with the relevant state tenancy authority is AUD $[Total Bond].

4.2 Bond Contributions: Each co-tenant's contribution to the bond is:

  • [Tenant 1 Name]: AUD $[Tenant 1 Bond Share];
  • [Tenant 2 Name]: AUD $[Tenant 2 Bond Share].

4.3 Bond Refund: At the end of the tenancy, the bond refund will be distributed to the co-tenants in proportion to their respective contributions, after any deductions by the landlord for damage, unpaid rent, or cleaning. If one co-tenant causes damage or incurs costs that reduce the bond refund, that co-tenant is responsible for reimbursing the others for their proportionate loss.

5. UTILITIES AND INTERNET

5.1 Electricity and Gas: [Electricity Gas].

5.2 Water Usage: [Water Usage].

5.3 Internet / NBN: [Internet Arrangement].

5.4 All utilities and services must be paid promptly. No co-tenant may arrange for a shared utility to be disconnected without the agreement of all other co-tenants.

6. COMMON AREAS AND CLEANING

6.1 Common Areas: All co-tenants have the right to use the following shared areas: [Common Areas].

6.2 Cleaning: [Cleaning Arrangement].

6.3 Each co-tenant is responsible for keeping their private bedroom clean and for cleaning up after themselves in all common areas immediately after use. No co-tenant may leave dishes, food, or personal items in common areas for extended periods.

6.4 Each co-tenant must report any maintenance issue or damage requiring landlord attention to all other co-tenants promptly, and must promptly notify the landlord or property manager in accordance with the main tenancy agreement.

7. HOUSE RULES

7.1 Overnight Guests: [Guests Rule].

7.2 Quiet Hours: [Quiet Hours]. All co-tenants must keep noise, including music and television, at a level that does not disturb other residents of the property or the building during quiet hours.

7.3 Smoking: [Smoking Policy]. Any damage to the property caused by smoking will be at the cost of the co-tenant responsible.

7.4 Pets: [Pets Policy]. Any consent for pets must also comply with the main tenancy agreement and any body corporate or strata by-laws applicable to the property.

7.5 All co-tenants must comply with all applicable residential tenancy laws of [State/Territory], the terms of the main tenancy agreement with the landlord, and any body corporate or building rules.

8. DEPARTURE AND REPLACEMENT

8.1 A co-tenant who wishes to vacate the property must give [Departure Notice] to all other co-tenants and must comply with any notice requirements in the main tenancy agreement.

8.2 Replacement Process: [Replacement Process].

8.3 A departing co-tenant remains jointly and severally liable to the landlord for all rent and obligations under the main tenancy agreement until a formal lease assignment or novation has been executed and accepted by the landlord in writing.

8.4 On departure, the co-tenant must remove all personal property, return any keys or access devices, and leave their bedroom and any shared areas they are responsible for in a clean and tidy condition.

9. DISPUTE RESOLUTION

9.1 If a dispute arises between the co-tenants, the parties must attempt to resolve the matter by: [Dispute Process].

9.2 Free mediation services are available through the relevant state tenancy authority: Fair Trading NSW, Consumer Affairs Victoria, the Residential Tenancies Authority (QLD), Consumer Protection WA, Consumer and Business Services (SA), or the ACT Civil and Administrative Tribunal (ACAT), as applicable.

10. GENERAL PROVISIONS

10.1 This Agreement is governed by the laws of [State/Territory], Australia.

10.2 This Agreement records the co-tenants' mutual obligations and does not affect their joint and several obligations to the landlord under the main residential tenancy agreement.

10.3 This Agreement may only be varied by written consent of all co-tenants.

10.4 If any provision of this Agreement is unenforceable, the remaining provisions continue in full force and effect.

SIGNED BY ALL CO-TENANTS

FIRST CO-TENANT

[Tenant 1 Name]

SECOND CO-TENANT

[Tenant 2 Name]

First Co-Tenant

________________

Signature

Date: ________________

Second Co-Tenant

________________

Signature

Date: ________________

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What Is a Roommate Agreement (Australia)?

A Roommate Agreement in Australia grants a tenant the right to occupy residential premises and records the rent, bond, term, and the repair and notice obligations of landlord and tenant under the Real Property Act 1900 (NSW).

In Australia, co-tenants who are all named on the main residential tenancy agreement with the landlord are jointly and severally liable for the full rent and all lease obligations. This means each co-tenant is responsible not only for their own share, but potentially for the entire rent if another co-tenant fails to pay. A Roommate Agreement creates a legally recorded internal framework that documents each person's share of rent and bond, their utility payment obligations, and their housekeeping responsibilities — providing a basis for recovery if one co-tenant fails to meet their obligations.

Residential tenancy laws in Australia are governed by state and territory legislation, including the Residential Tenancies Act 2010 (NSW), the Residential Tenancies Act 1997 (VIC), the Residential Tenancies and Rooming Accommodation Act 2008 (QLD), and equivalent legislation in other states. These Acts set out the rights and obligations of tenants (including co-tenants) in their relationship with the landlord, but they do not generally regulate the internal arrangements between co-tenants — which is where the Roommate Agreement fills the gap.

A Roommate Agreement is distinct from the main tenancy agreement with the landlord. It does not need to be registered, witnessed, or approved by the landlord, and it operates solely between the co-tenants named in it. All co-tenants should sign the agreement before moving in together.

The legal framework governing the Roommate Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Parties executing a Roommate Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Real Property Act 1900 (NSW) sets the foundational requirements.

When Do You Need a Roommate Agreement (Australia)?

A Roommate Agreement is appropriate whenever two or more people share a residential rental property in Australia under a joint tenancy arrangement. It is relevant for students sharing a flat, young professionals sharing a house, and any other shared living situation where the co-tenants want to clearly document their mutual expectations.

You should use a Roommate Agreement when: moving into a share house with others; adding a new roommate to an existing shared arrangement; renewing a joint tenancy with the same or different co-tenants; or any time the co-tenants want to formally record their agreed rent split, bond contributions, cleaning roster, or house rules.

A written Roommate Agreement is particularly valuable for preventing and resolving disputes about rent payment, bond refund, utility costs, cleanliness, overnight guests, noise, and what happens when one co-tenant wants to move out. Many share house disputes that end up before state tenancy tribunals could have been avoided with a clear written agreement between the roommates.

While a Roommate Agreement is not required by law and is not filed with any government authority, it is an important practical document for any shared living arrangement. Without it, the only record of the co-tenants' mutual obligations is the main tenancy agreement with the landlord — which typically says nothing about how rent is divided, who pays which utility bill, or what notice is required before one person moves out.

Parties in Australia should prepare a Roommate Agreement (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

What to Include in Your Roommate Agreement (Australia)

A well-drafted Australian Roommate Agreement should address all of the following key elements.

The parties section must identify all co-tenants by their full legal names, email addresses, phone numbers, and the specific bedroom each person occupies. If there are more than two co-tenants, all parties should be named and sign the agreement.

The property section records the address of the shared property, the name of the landlord or property manager, and the period of the main tenancy agreement. This provides context for the internal arrangements documented in the Roommate Agreement.

The rent section is the most critical commercial term. It should state the total weekly rent payable to the landlord and clearly document each co-tenant's individual share, whether divided equally or differently based on room size or other factors. The agreed payment day and method should be specified so that the person responsible for collecting rent and transferring it to the landlord (if applicable) knows when to expect each payment.

The bond section documents each co-tenant's contribution to the total bond lodged with the state authority. At the end of the tenancy, if the landlord makes deductions from the bond, the co-tenants need a clear record of their individual contributions to determine how any refund is distributed and who bears the cost of any deduction.

The utilities and internet section records how electricity, gas, water, and internet costs are divided. It should identify which co-tenant holds the account for each service and how payments are collected and processed.

The house rules section — covering guests, quiet hours, smoking, pets, and cleaning — is often the most practically important part of the Roommate Agreement. Clear agreed rules prevent the disputes that most commonly arise between roommates.

The departure notice section records how much notice a co-tenant must give before moving out and the process for finding and approving a replacement roommate. The dispute resolution section provides a practical pathway for resolving disagreements before they escalate.

Additional compliance elements for a Roommate Agreement (Australia) used in Australia include: Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.

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Reference this free template in an article, syllabus, or research note:

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BibTeX
@misc{formslegal-roommate-agreement-australia,
  author       = {{Forms Legal}},
  title        = {Roommate Agreement (Australia) (Australia)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/australia/real-estate/leases/roommate-agreement-australia}},
  note         = {Free legal document template. Based on Real Property Act 1900 (NSW)}
}

Frequently Asked Questions

Based on Real Property Act 1900 (NSW) — Template last modified June 2026Verify the source →

This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer

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