When renting out a room in the Lone Star State, a full lease agreement might not feel necessary. Still, using a rental room agreement (roommate agreement) in Texas allows you to set clear expectations, protect your investment, and ensure the arrangement runs smoothly.
Here’s what you need to know about a Texas room rental agreement. Our guide covers mandatory disclosures, the benefits of property management software, and essential legal guidelines. Let’s get started:
Room Rental Laws
Whether you’re leasing an entire apartment or a single room, landlord-tenant laws in Texas require you to:
- Maintain safe, habitable housing.
- Notify tenants before entering their room.
- Include mandatory disclosures in the rental agreement.
- Avoid harassing tenants.
Before we discuss Texas room rental laws, here’s a quick recap of contract types and disclosures.
Different Types of Room Rental Agreements in Texas
You can use these three contracts when renting out a room:
- Verbal agreement: Rather than relying on informal word-of-mouth agreements, create a clear written lease when renting out a room.
- Fixed-term lease: These written contracts state the tenancy’s start and end date, offering stability and clarity.
- Month-to-month lease: “Tenancy at will” agreements are flexible. They automatically renew each month, but both parties can terminate at any time.
Consider your relationship with the tenant, whether you’re looking for flexibility or stability, and the tenancy’s length when selecting the contract that works best for you.
Required Landlord Disclosures
Make sure your room rental agreement in Texas includes the following mandatory disclosures:
- Lead paint: If the home was constructed before 1978, you must inform tenants about lead-based paint and related hazards (42 U.S.C. § 4852d).
- Landlord information: Landlords or their real estate agents must give tenants their name and contact information (Tex. Prop. Code § 92.003).
- Early termination: Texas law requires landlords to tell tenants about their right to vacate the property or exit their contract early in specific situations (Tex. Prop. Code § 92.016).
- Parking rules: If you’re leasing a property with multiple units, you must provide tenants with the parking rules in writing when:
- You and the tenant sign the lease.
- You update the policy (Tex. Prop. Code § 92.0131).
- Tenant’s remedies: State law requires you to inform tenants about their rights to request repairs (Tex. Prop. Code § 92.056).
- Flood risk: All landlords in Texas must disclose whether the dwelling is located in a 100-year FEMA-designated floodplain, and whether flooding has damaged the property within the last 5 years (Tex. H.B. No. 531).
- Copy of lease: You must give tenants a copy of the lease agreement within 3 days of move-in (Tex. Prop. Code § 92.024).
Security Deposit Rules
Next, let’s cover the state’s rules on security deposits.
Maximum security deposit: Texas law doesn’t cap security deposits.
Security deposit receipt: State law doesn’t require you to provide tenants with proof of payment for their security deposit.
Deduction tracking: After move-out, landlords must return the remaining security deposit balance to tenants, along with a written, itemized list detailing all deductions (Tex. Prop. Code § 92.104).
Security deposit return: You must refund the remaining balance within 30 days of move-out (Tex. Prop. Code § 92.103).
Pet deposits: Landlords can charge a pet deposit, but you must detail it in the lease.
Rent Payment Rules
Here’s a quick recap of rent regulations:
Late rent fees: Landlords can charge reasonable late fees, but they must clearly outline them in the lease (Tex. Prop. Code § 92.019).
Right to withhold rent: Texas law allows tenants to withhold rent under certain circumstances, primarily when landlords don’t provide safe, habitable housing. Tenants must follow the state’s legal repair and deduct process (Tex. Prop. Code § 92.017).
Grace period: There aren’t any laws requiring Texas landlords to extend a grace period.
Pet rent: You can charge a reasonable pet rent, but only if you clearly define it in the lease.
Rent Payment Increase Rules
Rent payment increase frequency: There isn’t a statutory limit on how often you can increase rent.
Rent payment increase maximum: In Texas, there are no laws limiting rent increases.
Rent control/stabilization: Texas law doesn’t outline rent control policies.
Texas Room Rental Agreement Breaches
Keep these rules in mind in case a tenant breaks their contract:
Failure to pay: Landlords can take legal action to recover rent or initiate eviction proceedings. You must give tenants a 3-Day Notice to Pay or Quit (Tex. Prop. Code § 24.005).
Lease violations: Texas law considers any breach of lease as grounds for eviction, but landlords must follow the court-ordered process (Tex. Prop. Code § 24).
Self-help evictions: State law prohibits any eviction method outside of the official, legally outlined process. You can’t kick someone out by shutting off utilities or changing the locks (Tex. Prop. Code § 24.002).
Terminating a Texas Room Rental Agreement
Month-to-month: Landlords must give tenants 30 days’ written notice before the rental period’s end date (Tex. Prop. Code § 91.001).
Fixed-term: If either party terminates the lease early without a legal basis, they may face penalties (Tex. Prop. Code § 96.016).
Room abandonment: State law requires landlords to provide tenants with written notice of their intent to reclaim the room (Tex. Prop. Code § 92.0081).
Tenant’s right to terminate: In Texas, tenants can exit their lease without penalty in the following circumstances:
- Landlords fail to maintain habitable housing (Tex. Prop. Code § 92.056)
- Domestic violence situations (Tex. Prop. Code § 92.0161)
- Military deployment (50 U.S.C. § 3955)
However, they must follow the legal process, which may include giving landlords notice.
Landlord Access Laws
Immediate access: You can only enter a tenant’s room without notifying them in extreme emergencies, such as fires and leaks.
Landlord harassment: Texas law prohibits all forms of landlord harassment, including repeatedly showing up unannounced or forcibly entering the room (Tex. Prop. Code § 24.002)
Advance notice: Texas law doesn’t set a specific advance notice period, but 24 hours is standard.
Lease Agreement Renewal and Termination
Required renewals: If you want to continue the agreement, you must add a renewal clause, agree to an extension, or sign a new contract.
Required notice: You must provide 30 days’ written notice to terminate a month-to-month lease agreement (Tex. Prop. Code § 91.001).
Month-to-month considerations: State law may treat a lease as month-to-month if a tenant continues to occupy the room after the fixed term ends.
Use these guidelines when creating a room rental agreement in Texas to stay compliant, avoid disputes, and protect your investment.
Room Rental Agreement Texas FAQs
What to include in a Texas room rental agreement?
- Rent payment rules
- Security deposit details
- All mandatory disclosures
- House rules
- Tenant and landlord responsibilities
How do I legally rent out a room?
Create a clear room rental agreement in Texas that includes all mandatory disclosures and complies with federal and state laws. Consider using landlord software to streamline renting out your room.
How to make a Texas room rental agreement?
Use our simple online template form. It’s a printable PDF room rental agreement for Texas, so it’s quick and easy to fill out.
