Allowing person to live in Dad's house rent free but pay bills - is this is tenant in Texas?

[AAlmanza]

My dad passed recently and I am allowing someone to live in the house rent free because I do not live in the same city and need someone to watch the house. They do have to pay for the bills though. We have a signed agreement that they pay for the bills and there are some rules that would cause their removal from the property (damage to property, theft, drugs present, etc) They and I have signed this. I would like to know if they are considered a tenant even though they do not pay rent or perform any services. Also, is this written agreement enforceable in Texas?

 

[adjusterjack]

I would like to know if they are considered a tenant even though they do not pay rent or perform any services.

Yes, the person is a tenant. The person does pay rent. Paying bills so that you don't have to is the same as paying you the money and you paying the bills. It's rent.

Also, is this written agreement enforceable in Texas?

Yes.

Why do you ask?

 

[AAlmanza]

I just want to know how enforceable it is if I need to in case there is any sort of damage to the house or illegal activity. I do not know this person well or very many people well who live in the city my father lived in. And being away from his house for weeks at a time makes me wary of what might be going on.

 

[quincy]

My dad passed recently and I am allowing someone to live in the house rent free because I do not live in the same city and need someone to watch the house. They do have to pay for the bills though. We have a signed agreement that they pay for the bills and there are some rules that would cause their removal from the property (damage to property, theft, drugs present, etc) They and I have signed this. I would like to know if they are considered a tenant even though they do not pay rent or perform any services. Also, is this written agreement enforceable in Texas?

The question is whether the person living in your dad's house is your employee (caretaker of the property) or a tenant.

A housing agreement can be conditioned on continued employment, with X number of days given to vacate the premises after termination of employment, or a housing agreement can be lease of the property creating a landlord/tenant relationship requiring that all landlord/tenant laws must be followed.

You might want to have an agreement drafted and signed that best reflects your wants and needs. I suggest you see an attorney in your area to discuss this.

 

[AAlmanza]

Thank you. There are no expectations of caretaker of the property other than that the person does not damage the house. It's a pretty simple arrangement and all I ask is that they respect the property and don't do anything illegal or detrimental. I can hire lawn people, etc. to take care of things that need to be done. I have no intention of not giving ample notice for vacating the property. Looking at the Texas code, it seems that garnering rent is mainly what qualifies for a landlord/tenant relationship.

Your answer is better than the previous one that assumed I somehow make them pay the bills just because I don't have to. If no one lived there I would have all utilities cut off because I do not live there nor will I ever. I do not garner benefit or profit from someone paying utility bills precisely because I am not making money or living there. I allow them to stay rent free and I ask them to pay the bills because they are living there and thus are using the utilities. Would ANYONE allow someone to stay on one of their properties rent free and pay all the bills for them also?

Thanks you for your response, Quincy.

 

[xylene]

Would ANYONE allow someone to stay on one of their properties rent free and pay all the bills for them also?

I dunno, perhaps someone might be honoring their family wishes toqwards an old family friend.

Same reason why someone might pay thier lawn service and maintenance bills, if not their utilities..

Not having utility services are not legal in some places BTW, so it isn't so obvious as you assert.

Push comes to shove, this person has tenants rights.

I have this suspicion you have reason to believe there will be or already is a problem. Go with your gut. Get a pro involved.

Consider selling this home if you cannot take of it or manage a proper PAYING tenant.

 

[AAlmanza]

Thank you. That is my main goal to sell. I have no reason to move to the town and as is probably obvious, I do not really wish to be a landlord (if that's what I am) for longer than I have to be. And I am naturally distrustful of people I do not know and I know very little people in the town.

I did not know about the utilities but I wish it had been more clearly stated in an informative way about possible laws or the benefits of keeping utilities on. That being said, my main goal is not to avoid paying utilities because that is not an issue for me. It is to have a mutually beneficial agreement where the person has a place to stay for a while and I have someone there.

I'll keep researching and will probably consult someone as you suggested. Thanks.

 

[Ohiogal]

Has your father's estate been probated?

 

[AAlmanza]

He had both a will and a Transfer on Death Deed. Both named me as sole beneficiary. I am taking the deed route because it is more straightforward and allowed in Texas. I plan to do it this week or the next.