Create a Flatmate Agreement

Introduction

The preamble: date and place, the First and Second Flatmate with the recital wording their entityType selects, further flatmates as additional parties, and the recitals stating that this Agreement runs between the occupants alone and never touches the head tenancy.

The Premises and the Head Tenancy

Identifies the shared premises, the landlord, and the head tenancy under which they are held — the lease, rent agreement or leave-and-licence this Agreement sits beneath. The head tenancy is referenced only: its particulars anchor every share and obligation in this Agreement, and nothing here amends it.

Between the Occupants Only — No Sublease, No Licence, No Variation

The clause that keeps this instrument inside its lane: it is a contract between the occupants alone under the Indian Contract Act, 1872. It creates no sublease, sub-tenancy or licence, transfers no interest in the Premises, and varies nothing in the Head Tenancy — the Landlord's rights are untouched, and on any conflict the Head Tenancy prevails as regards the Landlord.

The Deposit and the Shares

The internal money map: the total security deposit held by the Landlord under the Head Tenancy, the total monthly rent, and how both are shared — equally, or in unequal shares recorded per flatmate (rooms of different size carry different rent). Every later apportionment and the leaver's refund formula read from this clause.

Paying the Rent and the Bills

The monthly mechanics: whether one flatmate collects everyone's Rent Share and pays the Landlord or each pays their own share, how many days before the due date contributions are made, and the shared household bills — listed one per line — borne in the same proportion as rent. Late contribution makes good any late-payment cost under the Head Tenancy.

Leaving, the Cut-Off, and the Leaver's Deposit

The exit machinery this instrument exists for: the internal notice a leaver gives the others, the named cut-off (meter readings or the departure date) against which rent and bills are apportioned, the formula for returning the leaver's Deposit Share — by an incoming replacement paying it directly, or by the remaining flatmates refunding within a set period — and the consent every replacement needs from the remaining flatmates and, where the Head Tenancy requires, the Landlord.

Governing Law and Dispute Resolution

Applicable law, jurisdiction, and dispute resolution mechanism (courts or arbitration under Indian law).

General Provisions

The closing machinery: entire agreement, written amendments, notices (including by email or the messaging service the household actually uses), severability, no waiver by indulgence, counterparts, stamp duty borne equally, and the relationship confined to co-occupants — no partnership, agency or employment.