The Texas Roommate Agreement
The Texas Roommate Agreement is a legally binding contract signed by or on behalf of residential tenants in a multi-tenant apartment unit. It exists independently of the standard apartment lease between the tenants and their landlord.
The purpose of the agreement is to clearly delineate the individual and shared responsibilities of each tenant, as well as the general rules governing the various tenants living under one roof. It is similar to a "house rules" policy in a standard lease agreement, but fundamentally different in that it specifically identifies each individual tenant and their respective duties towards and rights against each other .
While there is no single-roommate agreement document that is universally used in Texas, some agreements include broadly separated sections regarding the following:
Section 1: Identity of Tenants
Section 2: Leases, Notices and Deposits
Section 3: Rent Payment and Other Charges
Section 4: Shared Expenses and Responsibilities
Section 5: Notice Requirements and Work Scheduling
Section 6: Use of Rooms
Section 7: Use and Care of Appliances and Furnishings
Section 8: Pets and Animals
Section 9: Parking
Section 10: Guests
Section 11: Security and Personal Safety
Section 12: Guests
Section 13: Remedies for Violations
Section 14: Occupancy and Termination
Section 15: Miscellaneous Provisions
The primary distinction between the Texas Roommate Agreement and a standard lease is the fact that the former expressly names each tenant, along with their rights and responsibilities, whereas a lease agreement may define the occupants solely as "tenant" or "lessee" without equitably addressing each person living under one roof.
A Roommate Agreement’s Essential Elements
For an agreement that binds you both legally, be sure to include:
How the rent is to be split. For example, if there are three people in a 3-bedroom apartment with total rent of $1,500, one could pay $500, another $550 and the third $450, depending on the size of room or bathroom access.
Whether any utilities will be included in the rent. If so, they must be specified.
How much each person is required to contribute towards utilities. This includes internet access, water, electricity, gas and garbage.
A statement clearly marking who is responsible for which part or area of the apartment – this includes bedrooms, bathrooms, kitchen, front and back entrances, backyard, lawn and even your pet.
If pets are allowed under the original lease, whether or not they are allowed on the common areas of the apartment/house.
Whether one or more roommates is allowed to bring their partner to live with them, or if they need to apply for "cohabitant" status.
What happens if one of you has a guest for more than 30 days? This information must be filled out in advance since you cannot just exclude someone from the apartment if they were not listed on the lease.
How dinner parties, getting together with friends and activities involving alcohol or drugs on the premises in the apartment is handled. This includes whether or not a person is responsible for anything that happens to an individual passing through the front yard, or parking on the street, and who replaces the door if one is damaged during a party.
How long does each roommate have to pay their share of the rent before eviction is filed?
If any rules are broken, how much is the fine for breaking the rule published?
Legal Tips For Texas Roommates
When creating a Texas roommate agreement, it’s essential to ensure that all requirements under Texas law are met and that the agreement will be fully enforceable in the event of a dispute. A Texas roommate agreement covers all essential aspects of the relationship between the individuals, including:
Taxes
Governing Law
Severability
Amendments
Integration Clause
How Texas Landlord-Tenant Laws Apply
Many of the statutes governing conduct between landlords and tenants in Texas also impact how Texas roommate agreements are interpreted and enforced. For example, landlord-tenant laws may require that certain provisions by inserted into a roommate agreement, such as:
Because these laws exist for the benefit of tenants, they cannot be waived in a Texas roommate agreement. Therefore, an agreement containing these clauses would be held to the strictest interpretation possible, thereby protecting the tenant. Penalties for violating the provisions of the landlord-tenant laws can include remediation costs and potentially criminal penalties.
Enforceability in the Event of a Dispute
To be enforceable, the Texas roommate agreement must not violate any public policies (for example, an agreement to share stolen property would violate laws against theft). If the agreement is violated, the non-breaching party may be able to seek damages, up to the full amount of damage caused by the breach.
Because Texas is a community property state, it’s also important to understand how this status could impact the ability of one party to sue another. In such states, creditors may be viable in seeking to enforce financial obligations of one spouse/partner against both parties unless the creditor can demonstrate that the debt was incurred only by one. If the roommate agreement is signed by both parties, the creditor may be able to hold both responsible for the actions of either or both parties. For this reason, it’s recommended that only the parties that were personally responsible for the debt enter into the roommate agreement.
Obtaining Legal Assistance
The benefits of having a Texas roommate agreement far outweigh the costs of writing such an agreement. A skilled Texas real estate attorney can provide valuable guidance and assistance in reviewing existing roommate agreements and drafting new ones. To ensure compliance with all applicable laws and the best interests of all parties in mind, consult with a Texas attorney about your needs.
Making A Roommate Agreement Fair And Equal
When it comes to negotiating the terms of a roommate agreement, you’ll want to ensure that all parties are heard. It’s not enough to create the agreement on your own; if the agreement is unfair to one of the other parties, the agreement could easily be deemed invalid.
1. Be Fair and Open
Approach your roommate in a positive manner. Explain that in order to avoid any premature arguments or grievances, you’d like to draft an agreement with your roommate. Listening to your roommate’s concerns before addressing your own will speak volumes about your intentions. It will tell your roommate that you are not attempting to usurp their rights, and that you want them to be a part of the agreement.
2. Understand the Rental Agreement
If you haven’t already, review the lease agreement you have with the landlord or property manager. Try to understand the agreed-upon terms and conditions, and determine whether or not any of those terms will need to be changed or updated. Understanding the terms of the lease will give you an idea of what to include in the roommate agreement.
3. Work Together
For an agreement to be successful, all parties must have a say in its terms. If one party feels alienated from the agreement, he or she may be less likely to uphold his or her end. When working with another person, compromise is key. If, for example, you and the other party can’t agree on the division of space, try to draw your ideal ideal setup and then ask the other party for their ideal setup. Try to work out a solution that makes sense for both of you.
4. Set a Timeline
Keep the terms and timeline realistic. Allow for time to move in and get accustomed to one another. Set terms like, "Within two weeks of moving in, we will purchase a television and agree on the number of channels we can watch per night," or "Once a month, I will do the yard work if you agree to take care of the trash."
5. Address Insufficient Funds
If you’re not able to cover the cost of a security deposit as well as the first month’s rent, explain the reason to your roommate. Better yet, have him or her with you when you ask your landlord or property manager if you can be approved for a lower deposit amount, which you may be able to pay over time if you agree to a longer lease.
Actions You Need To Take When Roommate Problems Arise
It doesn’t matter how well you get along with your roommate, because at some point you are going to disagree on something. Thankfully, most of the time these arguments can be resolved with very little effort. However, if you find yourself arguing with another roommate on a regular basis, you may want to take steps to control the damage before things get out of hand. Here are some strategies you can use to resolve the most common types of roommate disagreements.
When renting an apartment, the agreement should clearly define the financial arrangements. This is how the costs of services like the utilities, cable, internet, and rent will be divided. How and when you will pay those bills is also important. Having these issues outlined in an agreement can help to keep everyone organized.
Each member of a household must work to keep their living space clean to avoid conflict. Your roommate agreement should clearly outline who handles what tasks. Some people like to create a chart for cleaning chores, so everyone knows what is expected of them. You can also decide how the common areas of the apartment will be cleaned for special occasions and who should handle this task.
Many people enjoy having guests in their apartment, but it is important to understand boundary rules with your roommate . Agreeing on how to handle having friends or family members over ensures that someone’s social life won’t ruin their home life.
Handling appliances and other communal items can be a large source of conflict. For example, some roommates prefer to share grocery items while others feel more comfortable paying for their own food. In addition to groceries, you may have to decide how to handle the cleaning supplies you use in the bathroom and laundry. This includes staying stocked up on detergent, soap, and other household needs.
The roommate agreement is a way to clearly define the ground rules and regulations for your living space. It can also be used to mediate times when disputes do arise. First, read through it together and see if both of you are happy with the terms outlined in the document. If either party has concerns, be open to hearing each other out. Try not to be defensive. Listen to the person’s comments without interrupting. Give them time to finish explaining their issue before discussing the situation from your point of view.
A good roommate agreement can benefit everyone in a household. It can simplify decisions and make it easier to balance the various aspects of sharing an apartment with your roommate. It’s just one step in keeping the peace, however. It’s up to you to make sure that you and your roommate both hold up your end of the bargain.
Changing Or Ending A Roommate Agreement
Roommate agreements may of course be modified or terminated by mutual assent, and the agreement should include a clause detailing how the parties will proceed if they decide to modify or terminate the roommate agreement. But because the roommate agreement will most likely apply to a lease that the roommates did not write, they might also be limited by lease provisions in their modifications.
For example, a typical lease might contain a clause that requires the landlord’s consent to any assignment of the lease (which would probably apply to an agreement among roommates), assignment of which may not be unreasonably withheld. In general, however, a landlord (or property owner) may not unreasonably withhold consent to a lease assignment. This means that a landlord is required to allow an assignment if the default or breach will not be a ground for terminating the lease; if the remaining tenant has made current all rental payments required under the lease; if the assignee is not financially irresponsible; if the remaining tenant and the assignee have the same annual income; and if the remaining tenant is not in arrears on other obligations under the lease. However, if the lease provides otherwise, those provisions control.
As a further example, where the roommate agreement is separate from a lease, and a roommate requests a sublease, the remaining roommates are still required to consent to the sublease (assuming the roommate agreement does not provide otherwise). The primary tenant would need to request permission to sublet the premises from the landlord in order to free the primary tenant from liability for rent and other obligations arising after the sublease. If the sublease was for all of the premises for the period remaining on the term of the lease, such an assignment may require landlord consent, or potentially a rental increase (resulting from transfer of the unit not being an "absence of less than 30 days," in some jurisdictions). However, because the remaining roommates were parties to the roommate agreement and its terms are non-binding on the landlord, the primary tenant may continue to be liable under the lease to the landlord for the payment of rent, and as a result, could be held responsible for unpaid rent during the sublease term if the subtenant fails to perform under the sublease to pay rent.
Examples And Helpful Case Law
The value of a verbal roommate agreement can only be appreciated when compared to a situation where no agreement is in place. A recent Harris County Justice Court case illustrates a scenario where bringing action without a rental contract or mutually agreed upon roommate agreement proved fatal to the plaintiff’s claims.
After moving into an apartment together, roommates Juan and Toni signed a room rental agreement. The agreement specified that Toni would pay monthly rent of $500 while Juan would cover utilities. It also contained a clause that ill will and misconduct, including any behavior that might distract or annoy Juan’s son, was grounds for termination.
Juan moved out three months later, citing the ill behavior his son encountered while living with Toni. Juan did not take action against Toni at that time but instead continued to conduct business with Toni as usual. Juan and Toni subsequently stopped paying rent. The landlord filed suit against them jointly and severally.
Juan filed a counterclaim, requesting an award of $1,000 from Toni because only $1,800 in rent had been paid from the initial $2,500 lease payment. He argued that he had been forced into a lease with his son because of Toni’s actions.
At trial, the landlord testified that the lease required that the rent be paid collectively. The judge asked Juan if he intended to pursue his counterclaim against Toni. Juan stated that he would not request a financial award from Toni, arguing simply that she should be evicted.
On cross examination at trial, Juan alleged that Toni had threatened his son, who was diagnosed with Attention Deficit Disorder and Dyslexia, many times. He even claimed she made her gun visible to his son. All of these actions, however, ceased after Juan and his son moved out.
If Juan and Toni had entered into any agreement memorializing their relationship as roommates, Juan may have obtained some form of relief. For example, the fact that they were not married, their initial agreements would have precluded Toni from disrupting Juan’s son. Generating the roommate agreement while still on speaking terms could have yielded a far more amicable outcome. Perhaps it would have yielded an agreed upon distribution of property and a decision on how to handle future disputes. For example , how will extra rent be handled in the case of eviction? What happens if one roommate defaults?
A Texas roommate agreement may avoid evictions and provide future relationship stability. A study of roommate agreements has revealed that the agreement is best used to agree upon chores, quiet hours, and guest lists. When negotiating the terms of these items, it’s important to write down the results of all negotiations and distribute a copy to all parties.
Without question, Juan and Toni would have benefitted from this agreement outlined in "Roommate Agreements: The Roommate Contract." Texas roommate agreements are a useful tool if utilized correctly. They provide a roadmap for discussing potential issues and solutions. The agreement will be specific to you and your roommate’s needs. You may wish to include who will furnish the kitchen and common space and what their value is. In Willlkoloski v. Eckman, 164 S.W.3d 365 (Tex.App.-Waco 2005, no pet.), a court found the value of artwork hung between two tenants should go with the person who furnished it. Or perhaps you agree to do laundry on alternate weekends. If one roommate tends to leave potpourri bottles around all over the place, perhaps you agree that it can only be placed in the guest bathroom.
The roommate agreement also serves as a guideline and reminder. If for some reason, your living arrangement does turn sour quickly, the roommate agreement can be referenced for what has and has not worked in the past.
In contrast to the roommate agreement, other roommates have successfully settled their disputes through mediation. However, mediation is not legally binding. In a disagreement, the court may require the parties to attend mediation before filing a lawsuit. Texas law requires it in some civil cases. If mediation is successful, the mediator helps the parties draft a memorandum of understanding. The understanding contains the results of the mediation conference. This allows the parties to forego litigation.