Roommate Deposit Split & Sublease Indemnification Agreement Generator
Generate a binding Roommate & Subtenant Agreement covering rent shares, security deposit allocation, utility splits, and hold-harmless protection.
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3. How the rule works
Who this is for
A tenant bringing in a roommate or subtenant who wants a written record of who pays what share of rent and deposit, and what happens if one person leaves or causes damage.
It is an agreement between the occupants. It does not change your obligations to the landlord, and it does not replace any consent the lease requires.
What to have ready
- The main lease, especially any subletting or occupant clause.
- Each person's share of rent, deposit and utilities.
- Move-in date and photos of the bedroom and shared areas.
- Written landlord consent if the lease requires it.
The rule
When several people sign one lease, the landlord can usually hold each of them responsible for the full rent and any damage. A separate roommate agreement sets the internal split so that someone who pays more than their share has a written basis to recover the difference, often in small claims court.
Subletting is controlled first by the lease. New York adds statutory rights: Real Property Law § 226-b gives tenants in buildings with four or more units a right to sublet with the landlord's consent, which may not be unreasonably withheld, and if the landlord reasonably refuses, the tenant can ask to be released from the lease. Separately, RPL § 235-f lets a tenant share the apartment with immediate family and one additional occupant and that occupant's dependents.
Read the official text:
Worked example: splitting rent and deposit
Taylor holds a lease at $2,900 a month with a $2,900 deposit. Casey moves in and takes the smaller room.
Casey's rent share = $1,450 (50%) Casey's deposit share = $1,450, paid to Taylor At move-out the landlord deducts $400 for damage in Casey's room Agreement: room-specific damage is charged to that room's occupant Casey's refund from Taylor = $1,450 - $400 = $1,050
Common mistakes
- Skipping a joint walkthrough with photos before the roommate moves in.
- Not getting landlord consent where the lease requires it, which can put the main tenant in breach.
- Leaving out what happens if one person moves out early: notice, finding a replacement and the deposit share.
- Collecting more rent from a subtenant than the lease or local rent rules allow.
Limits of this tool
- Subletting and roommate rules vary by state and city, and rent-regulated units often have extra restrictions.
- The agreement binds only the people who sign it, not the landlord.
- It is a template. Unusual arrangements such as live-in landlords or furnished rooms may need different terms.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Check your lease for subletting or occupant clauses and get written consent if needed.
- Do a dated photo walkthrough with the new roommate.
- Fill in the agreement, both sign it, and each keep a copy.
5. Frequently Asked Statutory Questions (Uniform Residential Landlord and Tenant Act; General Contract & Contribution Principles)
If we are both on the lease, do we still need an agreement?
It helps. The landlord can usually pursue either of you for the whole rent, so a written split is your evidence if one of you has to pay the other's share.
Can a New York landlord refuse a sublet?
In buildings with four or more units, consent cannot be unreasonably withheld under RPL § 226-b. If the landlord reasonably refuses, the tenant may ask to be released from the lease.
Who gets the deposit back?
The landlord usually refunds whoever is on the lease. Your agreement should say how that refund is shared between you.
Can the master tenant evict a roommate?
Often only through the court process, because a subtenant or roommate may have tenancy rights. Lockouts and utility shut-offs are not lawful ways to remove someone.
Who pays if the roommate leaves without notice?
The landlord can usually still collect the full rent from anyone on the lease. A roommate agreement that sets a notice period and a replacement process gives you a claim against the departing roommate.