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[TX] What is the best lease to use to rent out a room instead of a whole house?

I’m unsure if the form I generated sets it up as renting the whole house, but the tenant is only renting one room with assigned parking.

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TJ, Esq.
TJ, Esq.

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In Texas, courts first look at the written lease itself (Texas Property Code § 91.001). If the lease states the tenant is renting the whole house, that could create a problem even if you intended to rent only one room.

If the lease is unclear, a court may consider outside factors, such as whether the tenant only has access to one room, uses common areas, or pays reduced rent consistent with a room rental.

To avoid disputes, you could:

  • Add a written lease addendum clarifying that only one room is rented (Texas Property Code § 91.005)
  • Replace the lease entirely with a clearer agreement
  • Discuss the issue with the tenant and confirm mutual understanding

Any addendum or new agreement must be signed by the tenant.

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Texas Residential Lease Agreement Form

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Just to make sure—is my lease agreement for the whole house or just a room?

Lexi

Lexi, Chatbot

I understand how important it is to clarify the terms of your lease agreement. Do you have a written lease document?

I don’t know.

Lexi

Lexi, Chatbot

Have you discussed the lease details with your landlord or property manager?

I’m the owner.

Lexi

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

Nothing.

TJ, Esq.

TJ, Esq.

Hi! I’m TJ, an attorney. Thanks for reaching out. I’ll help clarify this for you. As the owner, the lease agreement is the contract you have created with the tenant. The lease terms determine whether the rental is for the whole house or just a room. If there’s no written lease, courts may rely on the oral agreement and how the property is actually used.

Do you currently have a written lease, or are you unsure of what the lease you created says? Also, what state is the property in?

I’m unsure if the form I generated sets it up as renting the whole house, but the tenant is only renting one room with assigned parking.

TJ, Esq.

TJ, Esq.

Thanks for clarifying. If the lease language is unclear, a court may look at factors like how the property is used, access to rooms, and the rent amount. You could also use an addendum or a separate parking agreement to clarify the terms. Can you tell me exactly what the form says about the rental space?

Houston, Texas — Harris County.

TJ, Esq.

TJ, Esq.

In Texas, courts first look at the written lease itself (Texas Property Code § 91.001). If the lease states the tenant is renting the whole house, that could create a problem even if you intended to rent only one room.

If the lease is unclear, a court may consider outside factors, such as whether the tenant only has access to one room, uses common areas, or pays reduced rent consistent with a room rental.

To avoid disputes, you could:

  • Add a written lease addendum clarifying that only one room is rented (Texas Property Code § 91.005)
  • Replace the lease entirely with a clearer agreement
  • Discuss the issue with the tenant and confirm mutual understanding

Any addendum or new agreement must be signed by the tenant.

What’s the best form or document to use to prevent any issues?

TJ, Esq.

TJ, Esq.

There’s no single perfect form, but the best option here is a Texas-specific Room Rental Agreement. A room rental agreement clearly states:

  • Which bedroom is rented
  • Which areas are shared
  • House rules for shared living
  • Assigned parking details

This type of agreement is designed for exactly your situation and helps prevent misunderstandings. You’ll want the tenant to sign it to replace the current lease.

TJ, Esq.

TJ, Esq.

17,778 satisfied customers

TJ, Esq.
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