Texas Eviction Notice Without Lease Agreement
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FAQ
An eviction notice must always include a few important details such as the property the landlord is referring to and the tenant the notice is addressed to. More importantly, it must answer why the landlord is pursuing an eviction and must state a breach of the contract.
Unfortunately, Texas does not permit "self-help" evictions, meaning you may not simply remove your roommate by force. The process for evicting your roommate will depend on whether there is a written lease between the landlord and the roommate. If there is, they are treated as any other renter.
If you don't have a lease agreement, though, you can still evict a tenant as long as you follow Texas eviction laws. If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave.
So technically speaking, when a tenant brings in another person to reside on the apartment, they create a new ?lease,? and become a sort of ?landlord? themselves. Thus, to get your roommate out, you need to bring an eviction proceeding, the same way a landlord would.
Ing to Texas law, rent on the rental unit becomes late if it isn't paid within 2 full days once it's due. When rent is late, you must give the tenant the 3-Day Notice to Quit to kick start the eviction process.