Which lease agreement needed to rent a spare bedroom in my house?

Question

Hello denizens of BP!

I introduced myself a while back but have been busy reading on REIT, listening to the podcast, and analyzing deals in my area! As I amass the funds needed to buy my first rental (while keeping an eye on the COVID situation), I want to house hack.

As it so happens, a good friend of my girlfriend's would like to rent a spare room in my house for 3-6 months. I've interviewed her and it seems like she'd be a great first roommate in my house. I want to draw up an agreement for 3 months at first, and then have her sign an extension/new agreement for 3 more months if things are going well. I'm a new landlord so I'm wondering which lease agreement do I need to draw up for this situation?

I've searched all the "lease generator" websites for something like this, but can't seem to find what I'm looking for. It doesn't seem like the standard Texas lease agreement works, since that seems to be for when the tenant is renting an entire house/unit. The Texas Roommate agreement also doesn't seem to apply, although it's a little closer to what I'm looking for. That one seems to be for when two or more roommates are leasing from a landlord not living on the premises.

Would I consider this prospective roommate a tenant or a lodger? Can anyone point me to a template or agreement that I can modify for this situation? Should I get in touch with a real estate lawyer or is this a common enough situation that a generic agreement will work?

I welcome any feedback!!EDIT: The agreement would be in Texas

Ronald Rohde · Answer

You need a Room Rental, its more of a service agreement especially if you're living on the premises. Needs a lot more rules about common spaces, charges, notice and enforcement, parking, etc. I do a lot of these lately!

James Carlson · Answer

@Maher Dakkak

Great question and something not enough people think about. We have a lot house hacking or rent-by-the-room buyers/investors (like these people or this couple, both in Denver). There are at least two big issues with room rental leases that you need to address that are different than your standard year-long lease. (And I know this only because I've talked to the smart @Drew Fein, a Denver real estate attorney who has drafted a rent-by-the-room lease.)

• You need to lay out how common areas and common expenses are handled. Damage to the common couch. Charges for restocking toilet paper. Etc.
• You need to protect yourself as the landlord from any liability should a tenant of your choosing (and not the choosing of the other tenants) cause damage or harm to another tenant.

Good luck!

Ronald Rohde · Answer

Let us know how that goes. If no conflicts, great!

Maher Dakkak · Answer

Thanks for all the input! I went ahead and used the Texas Standard Lease Agreement as a starting point and then modified it to specify the spare bedroom. I also drew up a separate Room Rental Agreement which covers the rules of living together. One of my friends is a real estate agent and can point me to a real estate attorney to look it over. Wouldn't hurt, especially if it also means networking with good people!

Mary Cronin · Answer

I have a room rental agreement (that I have never used) but FWIW - probably CA but unsure where I got it. If you're interested ... mcronin ... at me.com

Alex Olson · Answer

@Maher Dakkak Depends on your state and location. But, a standard lease agreement is a great starting point. I always add a roomate agreement that shows 10-15 rules that your tenant must abide but such as cleaning their own dishes, cleaning bathroom every other month or whatever you decide is the house rules. Always good to have an attorney look at it too.

Which lease agreement needed to rent a spare bedroom in my house?

Which lease agreement needed to rent a spare bedroom in my house?

Most Popular Reply

6 Replies