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  1. #1
    Join Date
    May 2014
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    Default Do Lodgers Have the Same Rights As Tenants

    My question involves landlord-tenant law in the State of: Texas

    I want to become a lodger in my parents' home in order to give myself tenant's rights.
    Besides paying rent, typing up and signing a lease agreement, is there anything else that needs to be done? Will I have all the same rights as a tenant?
    Specifically, I am doing this for my privacy. So if I were to include in the lease agreement that I alone have the right to enter and grant permission for others to enter my space, would this legally protect me from having my dad (who is the owner of the home and would be my landlord) or any other residents of the house enter or grant others permission to enter my space?
    Thanks for your help.

  2. #2
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    Default Re: Do Lodgers Have the Same Rights As Tenants

    It won't happen unless your parents agree.

  3. #3
    Join Date
    May 2014
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    Default Re: Do Lodgers Have the Same Rights As Tenants

    They've already agreed to sign a lease

  4. #4
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    Default Re: Do Lodgers Have the Same Rights As Tenants

    What did your parents say when you asked them about these things you've included here?

  5. #5
    Join Date
    May 2014
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    Default Re: Do Lodgers Have the Same Rights As Tenants

    My dad has agreed to the conditions I've mentioned. If you want to know the details, my parents are going through a divorce, and my stepmom isn't very fond of me. I'm 19 and just returned from my first year at college. She steals my things when I'm not around, and neither me or my father have been able to stop her from doing this. I've already put keyed locks on my space in the house and don't want her to enter it - at all. Unfortunately the only way for me to gaurantee this is to legally protect myself. She has broken my locks and forced her way in my space in the past, and I want to be able to have legal protection when she tries again.

    My dad purchased the house before he married her, her name isn't on the mortgage or in the property deed. This would be a temporary agreement, as this is my last summer at home. I can't move out until August, and it looks like my stepmother will live here for at least another couple months. In the meantime, I must legally protect myself and my property from her. I can get her to sign the lease as well if necessary, but I'm hoping it will only have to be signed by my dad since he is the property owner.

  6. #6
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    Default Re: Do Lodgers Have the Same Rights As Tenants

    Oh she sounds just delightful.

    What you need more than a lease is, in my opinion, for your Dad to stop her from doing this.


    While it's not illegal at this point, even if you have such guidelines written down, as a practical measure it likely isn't going to help you. Yes, your Dad can rent to you or have an agreement with you. The question is, what is he willing to do?

    Is there a reason - given that they're divorcing - why he hasn't filed and requested exclusive use of the home? I don't like putting the kids in the mix, but have you discussed it with him?

    - - - Updated - - -

    Afterthought. You're an adult living at home - you already are technically a tenant. You might want to bring that to Dad's attention.

  7. #7
    Join Date
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    Default Re: Do Lodgers Have the Same Rights As Tenants

    Absent what would be a very unusual provision of state law, an adult child living at home is not technically a tenant unless the adult child is paying rent. If they are paying rent, there's no technicality involved -- they're a tenant.
    Quote Quoting Texas Property Code, Sec. 92.001. Definitions.
    Except as otherwise provided by this chapter, in this chapter: ...

    (3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling....

    (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent.

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