Notice to Vacate: You must first serve your roommate with a notice to vacate. In Texas, this notice typically gives the roommate three days to leave the property unless a different period is specified in your rental agreement.
Other states, like California and Texas, require all adult tenants to sign the lease. Those who do not are considered a guest of the lease signing tenant.
If the roommate was named on the lease, they may not be able to get out of the lease early and will be legally responsible for their share of the rent. Unfortunately, the only way to enforce this issue may be by suing the roommate for their remaining share of the rent.
Get Legal Help An experienced local landlord-tenant attorney can help you. These attorneys are experts in landlord-tenant law, a niche area of real estate law, and they can provide you with legal advice and explain your legal rights. They can also represent you if you file a legal action against your former roommate.
Typically everyone who signs the lease takes full legal responsibility for the terms. What that means is that if one of two breaks the lease, the one remaining is on the hook for the entire amount. What this is supposed to do is put the onus on those who signed to keep each other honest.
Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.
How long does it take to evict someone in Texas? From start to finish approximately four weeks • 3 days from notice to vacate to filing of suit • 8-10 days to serve the citation -The court date is set between 10-21 days. 5 days to appeal the suit following the hearing required by law.
You have to file an eviction against him. Fill out the paperwork and turn it in to the court. They'll set a court date. He either show or not, but lose either way. Court will issue a writ of eviction and if he doesn't comply within a certain time frame, you file more paperwork with the judge.
Because leases in Texas do not have to be written, a spoken agreement allowing someone to stay at a house may constitute a lease. This would give the person some protections as a tenant. Attorneys typically recommend that the safest way to remove a guest who doesn't have a lease is through the formal eviction process.