Contents

Landlords can easily sublet their rental properties thanks to Texas room rental agreements. Do you have a building with several rooms available for rent? Does your primary tenant feel at ease sharing a room with other potential tenants? You need a legally binding contract for roommates! With the help of our well-designed, editable, standardized room agreement template, you can decide all terms up front and safeguard the interests of all parties.

Room Rental Agreement

The Texas room rental agreement is a legally binding contract that specifies each co-financial tenant's obligations. This agreement could also specify the terms and conditions related to renting out a property to others. The agreement must be signed by each co-tenant.

As a Texas landlord, you might occasionally need to draft a room rental contract. When a current tenant requests that you allow another individual to move in and split expenses, this is a typical scenario that could necessitate this type of lease agreement. If you choose to rent out a specific room or area of your home, you can also find yourself acting as a landlord.

Many landlords disregard the importance of a room rental contract. They might believe that since the original lessee has already signed a lease, it is not required. Others find it strange to expect someone to sign a contract before they take possession of their own home. However, a room rental agreement is crucial because it outlines each party's rights and obligations and offers crucial legal safeguards. Without it, you can find yourself without any legal options when attempting to recover unpaid rent or reclaim your rental property.

Future disputes can be avoided if two tenants of a property have a Texas room rental agreement in place. Additionally, should you need to get involved later, it will give you clear instructions on how to handle them. Personal disputes between roommates are a common occurrence, but many landlords are not equipped to handle them. You'll be prepared and able to handle any difficulties that may arise if you have the appropriate room rental sublease agreement in place.

Why Use One?

Anyone who wants to share a residential property or apartment unit with another individual needs a Texas room rental agreement. The specific reason why differs from person to person.

College students who live on a relatively tighter budget are usually those that require the Texas room rental agreement. They can divide the costs more easily when they have a room-sharing agreement. The students also get to enjoy their housemates' company.

This type of arrangement also helps those who are still establishing themselves after moving to a new city or neighborhood. The costs associated with the new residents' move-in are determined by a Texas room rental agreement. They get a chance to discover more about the local population and the new place because of this agreement.

It also appears to be a requirement for the elderly. These adults are individuals who prioritize having company over just reducing costs

Consequences of Not Having One

The principal tenant and the renters to whom they sublease the room may experience certain difficulties if there is no leasing agreement in place.

To safeguard everyone's rights, a room rental agreement is made. As a result, no party can be guaranteed any security in the case of a dispute without a room rental agreement.

If there is no room rental agreement, the primary tenant may, at any time and without prior notice, order the secondary renter to vacate the premises. This could leave the secondary tenants in a difficult situation.

Additionally, in the absence of a room rental agreement, the primary tenant is liable for any damages to the property, regardless of who is at fault. The primary tenant might not get back their security deposit as well.

Roommate Agreement

While a Texas roommate agreement and a room rental agreement are quite similar, they are not entirely the same thing.

To avoid any misunderstandings about what a Texas roommate agreement and a room rental agreement are, it is a good idea for both parties to be aware of these distinctions.

First and foremost, the landlord must approve the execution of a room rental agreement. A roommate agreement, however, is exempt from this need.

The components of the initial lease agreement are also included in a room rental agreement. A roommate agreement's provisions, however, can be distinguished from the initial lease since they are not connected in any manner.

How to Write One

There are certain things that all agreements need to include:

Property Identification

The correct information about the rental property must be included in the introduction section of the Texas room rental agreement. This contains the actual address, the unit number, and any other information that is required. Additionally, it needs to include a section that details the space that each roommate may utilize.

Lease Terms and Personal Information

The agreement must include all housemates' personal information, such as legal names and contact details. Additionally, the lease contract must include the duration of the agreement.

In a Texas room rental agreement, you need to take into account the following two clauses:

  1. A clause stating that tenants may legally terminate the lease before it expires. This should also include any terms regarding eviction and reasons for eviction prior to lease termination.
  2. A clause deciding on the course of action once the lease terminates - i.e. whether a monthly lease agreement will apply or not.

Parking Rules

A new roommate often means a second car and increased parking issues. Therefore, it is essential that each new tenant is aware of and abides by the current parking rules.

Texas state law mandates that the lease agreement include any rules pertaining to parking and parking spaces. This is crucial for the just moved-in roommates; for example, you must specify in the agreement if you want to assign parking places or tow away illegally parked cars.

Property and Household Rules

The landlord establishes some guidelines that the tenants must abide by when cohabitating. Additionally, the cohabitating roommates establish some norms that they want the other roommates to abide by.

The leasing agreement must include a list of all established restrictions in order to address everyone's concerns. These cover topics including chores around the house, quiet times, overnight visitors, smoking, privacy concerns, gatherings, pets, and the behavior of visitors.

Smoke Detector Information

Landlords must test all smoke alarms at the start of a lease, according to Section 92.258 of the Texas Property Code. You must conduct testing since you are adding a roommate, which effectively indicates that you are starting a new lease with that person. Keep in mind that no tenant may opt out of the requirement for a functional smoke detector.

Smoke alarms must be installed in every bedroom and on every floor of a property, according to Section 92.255. You must use smoke detectors that have passed testing and approval, as required by Section 92.254.

It's vital to specify the location and kind of smoke detector because the roommate will probably only be occupying one bedroom or floor. Include a statement with the date and procedure used to test the smoke detector. You might even want to show the roommate the smoke detector and get their signature after you've done so.

Make sure the roommate is aware that it is the tenant's obligation to change the batteries in a smoke alarm. The possibility of punitive damages, civil penalties, and legal costs for purposefully injuring or disabling a smoke detector should also be made clear to that person. This includes taking out the batteries from a smoke detector and not replacing them right away with fresh ones. The clause should be underlined or in bold to make it enforceable in court.

Tenant Financial Responsibilities

The financial obligations of each tenant or roommate must be specified in the Texas room rental agreement. These monetary obligations consist of:

  • The monthly rent each tenant must pay
  • The security deposit required by the landlord and the applicable ratio that each tenant must pay
  • The costs of different utilities that each roommate is responsible for
  • Household responsibilities and expenses that each roommate is responsible for, such as lightbulbs, cleaning supplies, etc

Local Laws

When it comes to room rental agreements, there are a few things to keep in mind under Texas state law. These often cover topics such as legal procedures, the tenant's right to eviction, tenant equality, and anything similar.

Several Texas-specific factors for this type of room lease agreement include:

  • The individuals who sign the lease agreement with the landlord are the only people who enjoy equal rights as master tenants.
  • The true landlord of the property is the one who has the legal authority to demand eviction. A landlord may request eviction for reasons such as breach of contract.
  • Written and verbal agreements between roommates are valid. If any conflict arises, legal procedures have to be followed.
  • A renter must request permission from the landlord in order to share a room. The tenant has the right to request a move-in from the landlord.
  • A person must be at least 18 years old to sign the room rental contract in accordance with Texas state law.
  • To prevent misunderstandings, the Texas room lease agreement must include the start and end dates of the contract.

Potential Issues

While having a roommate can be a great way to save some money, it can also lead to uncomfortable conflicts. A few of the conflicts roommates often find themselves dealing with include:

  • One roommate doesn't pay rent on time
  • Borrowing personal items
  • Different sleep schedules
  • A lack of respect for one another's privacy
  • Guest policies
  • Any other personal conflicts

This is exactly why a room lease agreement is necessary. It can help resolve conflicts by addressing the matters above.

Build Your Own

Are you a Texas property manager or owner looking for a quick and easy way to deliver and sign your Texas room rental agreement? You can use the free template from DoorLoop. Simply draft and design your rental agreement, then email it to prospective tenants to obtain their digital signatures, which are legally binding.

We have three different formats for you to choose from:

  1. PDF
  2. Word
  3. Customized

eSignature

If you need to sign a room rental or roommate agreement with a new tenant, you want to make the process as easy and efficient as possible.

With DoorLoop, you can get your agreements and templates eSigned in a few seconds. You can also get to the eSignature step much faster by creating reusable templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your listings on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion

The Texas room rental agreement is a binding contract that contains particular requirements and guidelines that the roommates must abide by, such as the monthly rent amount and security deposit. These aid in preventing and/or resolving any disputes between cohabiting individuals.

While numerous individuals use the Texas room rental agreement for various reasons, they also need access to comprehensive templates. Along with many additional templates, these templates can be found on the DoorLoop website.

FAQs

Is a Texas Roommate Agreement the Same as a Lease or Sublease Agreement?

A lease or sublet arrangement is distinct from a roommate agreement. Because of this, it includes special information that isn't usually specified in these other publications. In addition, it is a formal agreement that binds all parties legally.

A roommate agreement is different from a lease agreement, but it is not meant to be a substitute for one. Instead, it aims to outline each person's rights and obligations. Simply put, it is an addition to your lease rather than a replacement. There are a few things you really must include; it doesn't have to be as detailed or formal; for example, it will not include verification of credit history and background checks the way a regular lease agreement would.

Can Tenants Sublease the Property without the Landlord's Permission?

The Texas Property Code's Section 91.005 mandates that tenants must have their landlords' approval before subleasing any property. To prevent anyone from trying to fill a future position on their own, you should make sure everyone is aware of this fact. Include a clause clarifying that subleasing is not permitted without first receiving your written consent.

Who Needs a Room Rental Agreement?

A landlord, a possible roommate looking for a new property to move into, or a tenant who wants to share their living space and expenses could all need this type of agreement. In fact, anyone looking to share a property will need a room rental agreement.

Free Downloads

David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!