Legal Question in Landlord & Tenant Law in Texas

I am not sure exactly what you are asking. There seems to be two questions:

1. How do I prevent common law marriage status in Texas?

AND

2. If we stop dating and he is renting a room, how can I get him out of the house?

As to the first question: There are several requirements that must be met for common law marriage. You are right that prolonged co-habitation can create a presumption to fulfill some of the requirements, but you will still need to hold yourselves out to be husband and wife. So my advice on avoiding common law marriage would to never tell others (orally or in writing) that he is your "husband" or "fianc�"; instead say he is your "partner" or "boyfriend". Probably the best way to protect yourself is to write down something in the effect of:

"My name is ______________ and my birthdate is _________, I have agreed to let my boyfriend ______________ live with me in my house. I do not wish to become common law married to my boyfriend. Should I ever wish to get common law married I will write and sign a statement revoking this document.

______________ ___________________________

Date of signature Your Name (sign on the line)

My name is ________________________ and my birthdate is ________________. I acknowledge that my girlfriend __________________ does not want to become common law married and that I have read and witnessed her sign this document. I do not want to become common law married to my girlfriend.

______________ ___________________________

Date of signature Your Boyfriend's Name (sign on the line) "

Put that document in a safe place, if you want to really protect yourself you may add a space for a witness or two to sign saying that they witnessed both you and your boyfriend sign the document.

As to question two: You could just draft a simple lease agreement with a condition wherein your boyfriend agrees to move out and the lease will terminate no later than 30 days after you give him written notice of the termination of the lease. You should add that you may terminate the lease "for any or no reason".

NOTE: The answers to the questions above do not give any in depth review of the best options available to you. The answers are limited to your questions as I understood them and the limited facts that you gave me. For more complete answers you should consult an attorney.