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Texas Roommate Agreement

The Texas rules that shape the document: landlord consent to add an occupant, no lodger law, no deposit-apportionment rule, and no default rule on joint liability for rent.

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Introduction

A roommate agreement is a contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change the terms of the lease the tenants signed. In Texas, three things shape the document beyond the national template: a tenant may not add another occupant to the leasehold without the landlord's prior consent (Property Code Section 91.005); Texas has no lodger statute, and its new Chapter 24B fast-track occupant-removal law (effective September 1, 2025) expressly cannot be used against an invited roommate, so removing an unwanted roommate still requires the landlord to file a formal eviction; and Texas has no statute addressing joint-and-several rent liability or splitting a security deposit among roommates, so the written agreement, together with the lease, is what actually governs those questions.

Key Things to Know

  1. 1

    Texas has no lodger law. Its new Chapter 24B occupant-removal statute (effective September 1, 2025) looks like it could remove an unwanted roommate quickly, but it expressly excludes anyone who is a current or former tenant under an oral or written lease. An invited roommate still can only be removed by the landlord through a formal eviction (forcible detainer) suit.

  2. 2

    Under Texas Property Code Section 91.005, a tenant may not rent the leasehold to another person, meaning add a roommate, without the landlord's prior consent. Confirm that consent, in whatever form the landlord requires, before relying on this agreement.

  3. 3

    This agreement is a contract between the roommates only. It does not bind the landlord, does not add anyone to the lease, and does not change any term of the lease. The landlord's consent and the lease itself control who may lawfully occupy the unit.

  4. 4

    No Texas statute sets a default rule on whether roommates are jointly and severally liable for rent. That is left to the lease and to this agreement, so state each roommate's payment obligation explicitly rather than assuming Texas law fills the gap.

  5. 5

    No Texas statute apportions a security deposit among roommates. Texas Property Code Section 92.103(a) treats the deposit as a single refund owed to the tenant when the premises are surrendered, with no mechanism for dividing it. This agreement should set out each roommate's share.

  6. 6

    Only the landlord can remove an occupant from a Texas home, and only through the courts. Texas Property Code Section 24.005(a) sets a default notice to vacate of at least three days before a forcible detainer suit can be filed, which can be shortened or lengthened only by written agreement with the landlord.

  7. 7

    The Texas Fair Housing Act (Property Code Chapter 301) protects the same classes as federal law and exempts owner-occupied homes of four units or fewer from most of its rules, but that exemption does not cover the ban on discriminatory advertising, so a roommate ad cannot discriminate even in an exempt owner-occupied home.

Key decisions before you file

Before you file a Roommate Agreement in Texas, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

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Texas Roommate Agreement (Compact State Terms)

This compact set states the Texas-specific terms of a Roommate Agreement between co-tenants. Use it together with the full national Roommate Agreement template, which contains the general provisions on parties, rent division, chores, guests, and shared expenses.

1. Landlord Consent Required to Add an Occupant. Before this Agreement takes effect, the roommates confirm that the landlord has given prior consent, in the form the landlord requires, to add a roommate to the leasehold, as required by Texas Property Code Section 91.005. This Agreement does not itself grant any right to occupy the premises; that right comes from the lease and the landlord's consent.

2. This Agreement Does Not Bind the Landlord. This Agreement is a contract solely between the roommates. It does not modify the lease, does not add any roommate to the lease, and does not obligate the landlord in any way. Any change to who is a tenant of record must be made directly with the landlord.

3. No Texas Lodger Law; Removal Requires Formal Eviction. Texas has no statute allowing a co-occupant to be removed without a court proceeding. Texas Property Code Chapter 24B, a 2025 law permitting fast-track removal of an unauthorized occupant, does not apply here: it expressly excludes any person who is a current or former tenant under an oral or written lease, which includes an invited roommate. Roommates may not use self-help, lockouts, or removal of belongings to remove one another. Only the landlord may remove an occupant, and only through a formal eviction (forcible detainer) suit.

4. Notice Before Eviction. Under Texas Property Code Section 24.005(a), the landlord must give at least three days' written notice to vacate before filing a forcible detainer suit, unless the landlord and tenant have agreed in writing to a shorter or longer period. This Agreement does not change that process or give roommates an independent notice right against one another.

5. No Statutory Rule on Rent Liability Among Roommates. Texas has no statute setting a default rule on whether roommates are jointly and severally liable for rent. The lease controls what the landlord can collect from each tenant, and the roommates should state their own payment shares and responsibilities here rather than assume Texas law supplies a default.

6. No Statutory Rule on Splitting the Security Deposit. Texas Property Code Section 92.103(a) treats the security deposit as a single sum owed by the landlord to the tenant on surrender of the premises. It does not divide the deposit among roommates. The roommates' own agreement is what determines how a deposit contributed by multiple people is divided when one or more of them move out.

7. Selecting a Roommate. When advertising for or selecting a roommate, the parties will comply with the Texas Fair Housing Act (Property Code Chapter 301), which bars discrimination in advertising on the basis of race, color, religion, sex, familial status, national origin, or disability, a rule that applies even to an otherwise-exempt owner-occupied home of four units or fewer.

8. Governing Law. This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.

This compact Texas set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Texas Requirements for Roommate Agreement

Texas Landlord Consent Before Adding a Roommate

Texas Property Code Section 91.005 bars a tenant from renting the leasehold to another person without the landlord's prior consent. The agreement should confirm that consent was obtained before treating a new occupant as a roommate under this document.

Texas Agreement Does Not Bind the Landlord

State plainly that the roommate agreement is a contract between the roommates only, does not modify the lease, and does not obligate the landlord, since Texas has no statute that would otherwise give it that effect.

Texas Removal Requires Formal Eviction, Not Chapter 24B

Texas has no lodger law, and its 2025 Chapter 24B occupant-removal statute expressly excludes current or former tenants under a lease, which includes invited roommates. State clearly that only the landlord, through a formal eviction, can remove an occupant.

Texas Has No Default Rule on Joint Rent Liability

No Texas statute sets a default rule on joint-and-several liability for rent among roommates. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Texas default.

Texas Has No Statutory Deposit-Apportionment Rule

Texas Property Code Section 92.103(a) treats the security deposit as a single sum owed to the tenant, with no statutory division among roommates. The agreement should set out how a shared deposit is divided when a roommate moves out.

Texas Fair Housing Advertising Rule for Roommate Selection

The Texas Fair Housing Act's owner-occupied exemption for homes of four units or fewer does not extend to the ban on discriminatory advertising. Roommate ads may not discriminate based on race, color, religion, sex, familial status, national origin, or disability even in an exempt home.

Frequently Asked Questions

It is a contract between co-tenants who share a home in Texas. It divides rent and expenses, sets house rules, and addresses issues like the security deposit and what happens if a roommate leaves. It is separate from the lease and does not involve the landlord.

The agreement itself is between roommates and does not require landlord approval to sign. But adding a roommate to the unit does. Texas Property Code Section 91.005 says a tenant may not rent the leasehold to another person without the landlord's prior consent, so get that consent before the roommate moves in.

No. Texas has no lodger law, and its new Chapter 24B fast-track occupant-removal statute cannot be used against an invited roommate because it excludes anyone who is a current or former tenant under a lease. Only the landlord can remove an occupant, and only through a formal eviction lawsuit.

No. Chapter 24B, effective September 1, 2025, lets an owner request sheriff or constable removal of a person who unlawfully entered without consent, but it expressly excludes anyone who is a current or former tenant under an oral or written lease. An invited roommate has the owner's consent, so Chapter 24B does not reach them; a formal eviction is still required.

No. A Texas roommate agreement is a contract only between the roommates. It does not bind the landlord, does not change the lease, and does not add anyone as a tenant of record. Adding or removing a tenant on the lease is a separate matter between the tenant and the landlord.

Texas has no statute setting a default rule on this. Whether roommates are jointly and severally liable depends on the lease itself. Because Texas law does not fill this gap, the roommate agreement should state each person's payment share and responsibility explicitly.

Texas law does not say. Property Code Section 92.103(a) treats the deposit as a single amount the landlord owes the tenant when the unit is surrendered, with no statutory mechanism for dividing it among multiple roommates. The roommate agreement is the only thing that governs how the deposit is divided.

Only the landlord can start that process. Texas Property Code Section 24.005(a) requires at least three days' written notice to vacate before the landlord may file a forcible detainer suit, unless the landlord and tenant agreed in writing to a different period. Roommates have no separate notice right against each other.

The Texas Fair Housing Act protects the same classes as federal law, race, color, religion, sex, familial status, national origin, and disability, and exempts owner-occupied homes of four units or fewer from most rules. But that exemption does not cover discriminatory advertising, so a roommate ad still may not discriminate on those grounds.