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Updated over 2 years ago on . Most recent reply

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Taylor Ng
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Do I have to accommodate tenant's request to work in living room?

Taylor Ng
Posted

I am a live-in landlord, I rent out the rooms to other tenants. There is 1 roommate, she has been here for 5 months, me and her are both females and early 20s. Before she moved in, she did not ask us about any accommodation, her room is small so cannot fit a desk (she brought her own TV stand for her TV in the room). One week after moving in, she brought her work computer home, and said that she would be working in the living room. Since the ethernet cable is not long enough, I had to bring a spare desk near the router so she could sit there (instead of sitting at the dining table). I'm not sure if this was bad planning on her end, because if she knew she could not fit a computer in her room, why would she still agree to rent the room?

Things would be ok if she remembers to turn off her computer and ceiling fan after use. I have told her more than 3 times, both in writing (text) and face to face talking. But her actions are inconsistent, it seems like she only remembers to turn those off after I reminded her and then things will be the same. At this point, I get tired of reminding, I'm also going away for 2 months so I won't know if she follows this rule either.

I have been considerate as to not make loud noise while she was working, such as washing/drying clothes in the evening (living room is connected to kitchen and laundry room without doors) or vacuuming when she's not working. Sometimes I find this a bit inconvenient because she works 8-5 and I usually have free time during the day to do house chores (I'm a student) but in the evening I have other things to do, and I somehow have to adjust this according to her work time.

When she's not on calls, she watches tiktok or talking to friends on her phone with loud speaker to the point that I cannot take a nap in the afternoon (my room is next to the kitchen). Yesterday my sister came home to vacuum the house, because the loud noise coming from the vacuum, she asked my sister not to vacuum when she's working. Another time, I was fixing something in the living room (I was clearly busy) and she was coming back from lunch break, she asked me if I could turn on the ceiling fan, to which I was surprised she made such request but still did because of politeness.

She also uses other people's stuff without asking (including mine). Took ice cube without filling back with water, used vacuum without emptying the dust bin after, taking chair from the living room and my steamed iron for her own use.

After all these incidents, I have been thinking that she isn't considerate of other people. I have had friends suggesting me that since the living room is a shared space, I have equal right to do whatever I want while she's there. They told me that neither of us have the right to tell others to stop doing what they're doing. Is this correct? Am I supposed to accommodate her request to work in the living room from the beginning? If she told me to stop vacuuming, does this count as violating the lease?

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Nancy Truong
  • Attorney
  • Houston
116
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84
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Nancy Truong
  • Attorney
  • Houston
Replied

Is there a lease? Refer to an executed lease. If there's no lease or if the lease does not stipulate the terms of accommodation, the default in Texas for share living space is that the living room in a common area. You do not need to accommodate her. She rents her bed room. The common area is fair game. You as the landlord can create rules for the common area so long as it does not violate Texas Law, lease agreements, and other applicable contracts for that property. 

From a practical standpoint, if you live with her, stay considerate within reason. If you need to do things that may disrupt her, but it's in the common area, think about whether you need to then and there or can hold off. If you need to do something while she works, then just do it. After the lease ends, it sounds like renewing the lease would cause tension. 

-Nancy Truong, Texas Attorney 

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