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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33708
Experience:  Attorney for over 15 years, landlord 26 years
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I live in Texas. I have rented out my master suit (in the

Customer Question

I live in Texas. I have rented out my master suit (in the home I live) to a young couple.
We signed a lease for 6 months, one part states their dog must be up to date on heart worm prevention. After 6 weeks I have not received that proof and have given then 3 days to cure. They have then presented me with a new vet bill that does NOT show the dog was on prevention the last 6 weeks. I rescue and have many dogs on the property, so this is an important point.
Due to this, I have declared them in breach and given 30 days notice to vacate.
They have become argumentative, telling me there are 2 of them so they are not a "single lodger" and I will need to sue them out like any other tenant. That I cannot simply call the police after 30 days and call them "trespassers". They are determined to make my life difficult. What does the law say? Single lodger even if they are a couple? It is the only room I rent out in my home.
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What does the law say? Single lodger even if they are a couple? It is the only room I rent out in my home.

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While CA has lodger laws, I don't seen any for TX that would allow a homeowner to declare an occupant a trespasser and have law enforcement remove them from the home after a termination.

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And even the law in CA states that there can be only one lodger, not two. So you can't treat them as one "unit" even if TX law copied CA law. There are two individual people, so they are not one unit.

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With that said, not seeing any specific lodger laws in TX, they are considered tenants and you would have to pursue a formal eviction through the courts to get an order of eviction and a writ of possession that the sheriff would execute to physically force them out. See Tex. Prop. Code § 24.005.

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thanks

Barrister

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