Most NYC roommate horror stories — the unpaid Venmo, the kitchen war, the “I’m taking the security deposit” exit — start the same way. Nothing was written down. A roommate agreement isn’t a legal lease (only the named tenants are on that), but it’s the contract that keeps the friendship intact and the money clean. Here’s what to put in writing before keys change hands in 2026, and how it interacts with NYC’s actual roommate law.

First: Know What the Law Already Gives You

New York State Real Property Law §235-f — the “Roommate Law” — is the bedrock for shared housing in NYC. Per the law’s text on NYS Open Legislation, a few things are settled before you write a single line of an agreement:

• You have the right to a roommate. If you are the sole tenant on a lease, you can have one additional occupant plus that occupant’s dependent children, even if the lease says otherwise. A lease clause forbidding roommates is unenforceable under §235-f.
• You must tell the landlord. Within 30 days of move-in (or within 30 days of a landlord asking), you have to notify the landlord of the occupant’s name. Send it in writing and keep a copy.
• The non-lease roommate has no tenancy rights. If you (the tenant) leave, your roommate does not automatically inherit the apartment. They can be required to vacate.
• Two-tenant leases work differently. If two or more people are named on the lease, total occupants generally can’t exceed the number of named tenants, and at least one tenant must use the unit as their primary residence.

That last point matters: a roommate agreement can’t override §235-f. Anything you write below operates inside that frame.

The 10 Clauses a Real NYC Roommate Agreement Needs

1. Names, Addresses, and Lease Status

List the full legal name of every person living in the unit, the apartment address, and clearly state who is on the lease and who is an “occupant” under §235-f. This single paragraph stops a future “I never said I lived here” argument.

2. Rent and Utility Split

Spell out: total monthly rent, how it splits, the exact day it’s due, and the payment method (Venmo, Zelle, separate checks to the landlord). If the split isn’t equal — because someone has the bigger bedroom or the en-suite — document the formula. Square-footage-based and income-based splits are both legitimate. Whichever you choose, write down the actual dollar amounts.

Do the same for ConEd, internet, gas, and any streaming services or app subscriptions you share. Pick one person to be the account holder on each bill, with the agreement that the others reimburse by a set day each month.

3. Security Deposit

Who put up what portion of the security deposit, and who gets what portion back at lease end? Under New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA), landlords can’t collect more than one month’s rent as a security deposit on most non-rent-stabilized apartments. Document each roommate’s contribution and the return method when the lease ends or someone moves out.

4. Move-In Condition and Damage Liability

On move-in day, walk the apartment together. Take photos and a short video of every room — focus on existing scratches, paint chips, appliance condition, and bathroom grout. Attach the photos to the agreement (or save them in a shared folder linked from it). Then state the rule: damage caused by one roommate or their guests is that roommate’s financial responsibility, not a shared bill.

5. Guests and Overnight Visitors

This is the second-biggest source of roommate friction after money. Set the rule explicitly:

• Maximum consecutive nights for a guest
• Maximum nights per month
• How much notice is required
• What triggers a guest becoming a “co-occupant” (and whether that’s allowed)

Remember: §235-f gives the tenant the right to have one occupant, but adding a second long-term occupant in a single-tenant unit may run into the law’s occupancy cap. Keep guests in the “guest” category to avoid that complication.

6. Common Areas, Cleaning, and Chores

Decide who handles the kitchen, bathroom, and shared living space cleanings — and whether you’ll rotate, hire a cleaner and split the cost, or assign permanent zones. A simple weekly or biweekly schedule attached to the fridge will save more arguments than any clause in your agreement.

7. Quiet Hours and Work-From-Home Rules

Set quiet hours (often 10 p.m. to 8 a.m. on weeknights). If anyone takes calls from home or works hybrid, agree on whether bedrooms count as private offices and whether shared spaces are off-limits during certain hours.

8. Subletting and Lease Takeovers

Under §226-b of New York Real Property Law, lease tenants in buildings of four or more units generally have the right to sublet with landlord consent (which the landlord can’t unreasonably withhold). Your roommate agreement should require all roommates’ written consent before anyone sublets a private bedroom, and lay out who screens potential subletters.

9. Early Departure and Replacement Roommate

What happens when one roommate leaves before the lease ends? The cleanest version: the departing roommate is responsible for rent and utilities until a mutually approved replacement moves in. Include who pays the broker or listing fees if a replacement is needed, and give the remaining roommates veto power over the new person.

10. Dispute Resolution

Before things escalate to housing court, agree on a process: a sit-down conversation within 7 days of any unresolved issue, followed by mediation if needed. New York Peace Institute offers free community mediation across the five boroughs. Naming a process in advance is what keeps small fights from becoming move-out fights.

How to Actually Sign It

You don’t need a lawyer or a notary. A roommate agreement is a private contract between adults; it’s binding once everyone signs and dates it. Email a PDF, sign with any free e-signature tool (or print and sign), and keep a copy in a shared folder everyone can access.

If you want a starting template, the New York State Division of Homes and Community Renewal has tenant resources, and several legal aid groups including Met Council on Housing can point you to model documents.

Action Steps Before Move-In

• Confirm lease status. Identify who is a “tenant” on the lease and who is an “occupant” under RPL §235-f.
• Send the landlord notice. Within 30 days of move-in, give the landlord the occupant’s name in writing — required by §235-f.
• Walk-through and photos. Document the unit’s condition with every roommate present.
• Draft the agreement. Cover the 10 clauses above. One page is enough.
• Sign and store. Everyone signs, everyone gets a copy, everyone keeps it.
• Revisit annually. Renew the agreement at each lease renewal — rents, jobs, and habits change.

The Real Reason to Write It Down

A roommate agreement isn’t about distrust. It’s about removing ambiguity before the stress of city life — a missed paycheck, a partner moving in, an unexpected late-night party — pushes you and the person on the other side of the bedroom wall onto opposite teams. Couples write prenups. Roommates should write roommate agreements. The friendship lasts longer when the money rules are boring and clear.