Texas Roommate Agreement
A Texas roommate agreement, also known as a room rental agreement, is a binding contract that specifies the financial responsibilities of each tenant (co-tenants) in a shared living arrangement. This document may also include rules and conditions related to the shared rental property. All co-tenants are required to sign this agreement.
Texas Roommate Agreement
Importance of a Roommate Agreement
Having a roommate agreement is crucial for several reasons. It provides essential legal protections and clarifies the rights and responsibilities of each party. Without it, landlords may lack legal recourse for collecting back rent or reclaiming property. Additionally, a roommate agreement helps prevent future conflicts among roommates and provides guidance on resolving disputes if they arise.
Difference Between Roommate Agreement and Lease
A roommate agreement is distinct from a lease or sublease agreement. While it is an official contract that is legally binding, it serves to specify the rights and responsibilities of each roommate rather than replace the lease. It is typically less formal and shorter than a lease.
Writing a Room Rental Agreement in Texas
Tenant Selection Criteria
Landlords must avoid discrimination complaints under the Texas Fair Housing Act when selecting roommates. It is recommended to subject potential roommates to the same formal application process as the original tenant. The application must include a statement regarding tenant selection criteria, as required by Section 92.3515 of the Texas Property Code.
Property Identification
The agreement must clearly identify the property by listing its physical address and unit number, if applicable. Additionally, it should specify who has access to various areas of the property.
Personal Information and Lease Terms
The names and contact information of all roommates must be included, along with verification that each is over the age of 18. The agreement should state the commencement date and the final date of the lease, as well as what happens if a roommate continues to occupy the property after the lease ends.
Tenant Financial Responsibilities
The agreement must list each financial responsibility associated with the property, including:
- Security deposit amount
- Rent or portion of rent
- Utilities
- Utility hookup fees
- Pet deposit or fees
- Household expenses
- Other fees
Each roommate should initial next to their respective responsibilities to indicate agreement.
No Sublease Authorized
The agreement should state that subleasing is not permitted without written permission from the landlord, in accordance with Section 91.005 of the Texas Property Code.
Property and Household Rules
The agreement should include rules agreed upon by the roommates, covering topics such as:
- Household responsibilities and cleaning chores
- Overnight guests
- Quiet hours
- Respecting privacy
- Guest conduct
- Smoking
- Parties and entertaining
- Pets
Smoke Detector Information
According to Section 92.258 of the Texas Property Code, landlords must test smoke alarms at the beginning of a lease. The agreement should specify the location and type of smoke detector, the date it was tested, and the tenant’s responsibility for replacing batteries.
Parking Rules
The agreement must include written parking rules, as required by Texas law. This should specify which vehicles may be parked, where, and any other relevant issues regarding parking.
Lead-based Paint Acknowledgement
For properties built before 1978, landlords must provide a lead-based paint disclosure form, as mandated by the EPA. This form should be signed by both the original tenant and any new roommates.
Asbestos Acknowledgement
While not required, it is advisable to include a section about asbestos for properties built prior to 1981. This section should inform tenants of the potential presence of asbestos and the policy regarding unauthorized renovations.
Statutes
- Tex. Prop. Code § 92.104 – Retention of Security Deposit; Accounting
- Tex. Prop. Code § 92.0081 – Lockouts: Conditions apply
- Tex. Prop. Code § 92.0081 – Notice before Entry, Maintenance and Repairs: No specific notice period required
- Tex. Prop. Code § 92.008(o) – Utility Shut-offs: Not allowed
- Tex. Prop. Code § 24.005 – Notice to Vacate Prior to Filing Eviction Suit
- Tex. Prop. Code § 92.014.5 – Personal Property and Security Deposit of Deceased Tenant
FAQs
A Texas roommate agreement is a binding contract between co-tenants that outlines their financial responsibilities and the rules for sharing a rental property. It is important because it provides legal protections, clarifies rights and responsibilities, and helps prevent conflicts among roommates.
A Texas roommate agreement is distinct from a lease or sublease as it specifically outlines the rights and responsibilities of roommates rather than the terms of renting the property itself. It serves as a supplement to the lease, focusing on shared living conditions and financial obligations.
A Texas roommate agreement should include property identification, personal information of roommates, financial responsibilities, rules regarding subleasing, household rules, smoke detector information, parking rules, and acknowledgments for lead-based paint and asbestos if applicable.
Financial responsibilities in a roommate agreement typically include the security deposit, rent amounts, utility payments, utility hookup fees, pet deposits, and other household expenses. Each roommate should initial next to their responsibilities to indicate agreement.
No, roommates cannot sublease the property without obtaining written permission from the landlord. Texas law requires tenants to seek approval before subleasing, and this should be clearly stated in the roommate agreement.
Rules in a Texas roommate agreement may cover household responsibilities, quiet hours, guest policies, smoking, parties, and pet behavior. Establishing these rules helps ensure a harmonious living environment and sets clear expectations for all roommates.
Landlords must comply with the Texas Property Code, which includes disclosing property ownership, providing smoke detector information, and ensuring that any lead-based paint disclosures are completed for properties built before 1978. These legal requirements must be included in the roommate agreement.
Conflicts between roommates can be managed by having a clear roommate agreement that outlines rules and responsibilities. This agreement serves as a reference point for resolving disputes and helps prevent misunderstandings.
If a roommate fails to pay their share of rent, the remaining roommates may be responsible for covering that person’s portion. The roommate agreement should specify the consequences of non-payment, including potential legal actions such as eviction.