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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 Jun 17 2022, 14:01

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
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Nancy Truong
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Replied Jun 17 2022, 16:17

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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Bruce Woodruff
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Replied Jun 17 2022, 16:30

Living room is shared or communal space. She should not be working in there....what if the other tenants want to do the same? Now you've got a mess. I would use the lease to get her out of there, she sound really inconsiderate. She knew when she moved in that this was going to happen, and she just hoped you would be a pushover (which you were).

So yeah, get her out of there and set down better rules from now on. Or make her the landlord and you can pay her since she makes the rules.... :-)

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Henry T.
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Henry T.
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Replied Jun 17 2022, 18:19

I was 20 once. Here's the speech:  "This isn't working out for me. I need you to take your things to your room." Done.  Set up  a wifi and give her the password. Done. If she disagrees, bye bye. Tell her you have 5 others waiting to take her place, and have them ready.

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Nathan Gesner
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Nathan Gesner
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ModeratorReplied Jun 18 2022, 04:47
Quote from @Taylor Ng:

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?

You have enough issues going on that it's clear this isn't working out. Just be honest and tell her she needs to find another place to live. If she refuses, give her written notice that includes a specific list of lease violations or problems that are interrupting your right to quiet enjoyment, theft of other people's property, etc. Stick to your guns and get her out.

In the future, consider being very specific about what a tenant is allowed to do - and responsible for - in the common areas.
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Theresa Harris
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Theresa Harris
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Replied Jun 18 2022, 05:04

Tell her if she doesn't turn things off, then she can't work in the living room.  I wouldn't have allowed it to begin with as it interferes with the others ability to use the house and as others stated, it is a common space for all to use at any time.  Simply tell her it isn't working out and she needs to find another place to work.

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Jonathan R McLaughlin
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Jonathan R McLaughlin
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Replied Jun 18 2022, 14:15

so you have two issues:

1) a roommate you do not get along with

2) a tenant with whom you have unclarified terms. What does your lease say?

#I'm afraid that most of these issues are #1....unless your lease is very strange and therefore probably unenforceable, expecting to have use of common areas is valid. A roommate who camps out there all day and makes it hard for others to use the space? Really annoying. And why do you care what she does when you are away for two months? And why not just buy her a longer internet cable? Let her know she can use the living room to work if she must, but she can't expect others to not use it.

Terms of sharing space/chore hours could be defined in a lease or rental agreement but if you haven't done so, back to #1. I don't see either of you being the villain here, just incompatible styles and space use. And maybe some passive aggressiveness.

But you have the ultimate hammer...you own the place. You can always tell her its not working out and ask her to leave.