Here is an example. A home provider and a home seeker have met three times. They like each other, they have agreed on rent, and the room is ready. Then one of them asks, "So what exactly do we write down?"
This guide is a checklist for that moment: what a home sharing agreement usually includes, and how to write it so both people can use it. If working through the list shows that one of you is not ready to put the arrangement in writing, you can wait and sign when you are.
First question: agreement or lease?
Whether your document counts as a lease is a legal question, not a matter of what you call it, and the answer depends on your state and sometimes your city. Have your draft reviewed before you sign. Here is what to ask:
- Where I live, does a written home sharing agreement count as a lease, and does landlord-tenant law apply to a room in the home where the owner lives?
- Is anything in our draft unenforceable or missing, such as deposit limits, required notices, or city registration?
- Should we use one document or two, and which controls if they conflict?
Ask a legal aid office, an elder law attorney, or your Area Agency on Aging, which can connect older adults with free legal help.
You do not have to start from a blank page. Some programs provide an agreement template, sometimes for a fee. If you are matching on your own, ask whoever reviews your draft for a sample. A template is a starting point, not a legal review.
The checklist
Money
- Rent: the amount, the due date, how it is paid, and how receipts are given. Say what happens if a payment is late.
- Length and rent changes: month to month or a set term, how it renews, and how much notice comes before rent changes. Ask whether local law limits increases or sets notice.
- Deposit: whether there is one, how much, what it covers, and when it is returned. Ask whether your state limits deposits or sets a return deadline.
- Utilities: included in rent, a flat amount, or a percentage of each bill.
- Household help, if any: get advice first (see "What an agreement cannot do" below). If you go ahead, write down the tasks, weekly hours, and rent reduction. Our guide "Help around the house is not caregiving" explains where help ends and care begins.
Space
- Private spaces: the home seeker's bedroom, and any rooms that stay the home provider's alone.
- Shared spaces: kitchen, bathroom, living room, laundry, yard, and parking.
- Storage: closets, a pantry shelf, a fridge shelf, and garage space.
- Keys and locks: who has keys to what, and whether the bedroom door locks.
- Entering private rooms: how much notice comes before repairs, and what emergency allows entry without notice.
- Cameras and smart-home devices: any cameras, recording devices, or smart speakers, where they are, and who controls them. None belong in private rooms or bathrooms. Recording laws vary by state.
Daily life
- House rules: quiet hours, the thermostat, smoking and vaping, and the kitchen, as you decided them in conversation.
- Guests: daytime visits, overnight stays, how many nights in a row, and how much notice to give.
- Pets: whose they are, who cares for them when one of you travels, and who pays for any damage.
- Chores: who cleans what, how often, and who handles trash, yard work, or snow.
- Repairs: how to report a problem, how quickly it is fixed, and who pays for ordinary repairs and for damage.
Changes and endings
- Notice: how much written notice each of you will give to end the match. That is a promise between the two of you. It does not replace any notice your state or city law requires, and the law may require more.
- Trial period: consider an initial trial period if permitted and structured appropriately under your local laws. A trial period does not necessarily override tenant or occupancy rights. If you include one, write down its length and a date to talk.
- A hospital stay, a move to care, or a death: whether rent continues and who the family contact is. Our guide "Planning for the hospital, a move, or the end of life" covers this.
- Disagreements: your first steps, such as talking, then your program if it offers help, then community mediation. A threat or safety issue skips these steps: call 911 or Adult Protective Services.
- Belongings left after move-out: how long they are held and how the owner is contacted. Many states set rules for this, so ask what applies.
- Changing the agreement: in writing, dated, and initialed by both of you.
Writing it so it works
- Be specific. "Quiet after 10 p.m. on weeknights" is easier to live by than "be considerate about noise."
- Use plain words. If either of you would have to ask what a sentence means, rewrite it.
- Include names, the address, the start date, and both signatures. Each person keeps a signed copy.
- Attach your move-in notes, a dated condition list with photos.
- Invite a second reader, such as a family member, a friend, or your program if it offers review. The decision is still yours.
- Set a review date, such as one month after move-in.
What an agreement cannot do
An agreement records what the two of you promised each other. It does not decide what the law requires about notice, deposits, or ending a match, and it cannot make one person responsible for the other's care. Home sharing is housing. It is not caregiving, case management, counseling, or treatment. Trading help around the house for lower rent, or paying someone for help, can create employment, tax, and insurance obligations whether or not anyone intended it, so get advice before either of you agrees to it.
For your rights where you live, read "What if I can't get them out?" (home providers) or "Protecting the person who moves in" (home seekers).
An agreement records what the two of you promised each other. The law may require more.
Where to get help
- Eldercare Locator, 1-800-677-1116: finds your Area Agency on Aging and local services.
- Legal Services for the Elderly program: free legal help for older adults, reached through your Area Agency on Aging.
- LawHelp.org: finds legal aid and plain-language housing law information for your state.
- Your home sharing program, if it offers them: an agreement template and help talking through the terms.
This is general information, not legal advice. Laws on leases, deposits, and notice vary by state and city and change over time. Talk with a qualified attorney or your local legal aid office before you sign.
Last reviewed September 25, 2026