Evicting a Roommate or a Subtenant in Texas | Caretaker (2024)

FAQs

Evicting a Roommate or a Subtenant in Texas | Caretaker? ›

Head to the Justice of the Peace Court that serves the county in which you reside (a “J.P. Court,” in Texas lawyer lingo). Fill out a petition for eviction, a case information sheet, and a military status affidavit. The latter two documents need to be notarized. File these with the court.

Yes. Both the tenant and landlord are still able to evict a subtenant under certain conditions. This article on eviction explains the eviction process. It also covers the rules and procedures that a landlord must follow.

In general, it is illegal for your landlord or roommate to change the locks, shut off utilities, or physically remove your belongings without a court order for eviction.

This depends on whether you have a written lease with the boyfriend or girlfriend. If they have signed a lease, they may only be evicted if they have materially breached the lease—and breaking your heart is not ordinarily a breach of a lease, much less a material one.

The Residential Lease form (TXR 2001) and Residential Lease for a Multi-Family Property Unit form (TXR 2011) state that a tenant cannot sublet without the landlord's prior written consent. A landlord can evict an unauthorized subtenant and sue the tenant and unauthorized subtenant for any property damages.

Texas doesn't have any specific laws regarding the removal of squatters from your property. This, therefore, leaves you with one option: the judicial eviction process. The eviction process must begin with serving the squatter an eviction notice.

Steps in the Eviction Process

An at-will tenant must be given at least 3 days' notice to vacate, according to Texas Property Code Section 94.005(b). If the tenant does not move out in the time specified in the notice to vacate, the next step is to file an eviction suit in justice court.

Tennessee: Guests become tenants after paying rent to occupy the property or as specified in the lease. Texas: Guests become tenants after contributing to the rent, bills, or other expenses, after using the property as a mailing address, or as specified in the lease.

The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.

How do I kick a roommate out in Texas? ›

Head to the Justice of the Peace Court that serves the county in which you reside (a “J.P. Court,” in Texas lawyer lingo). Fill out a petition for eviction, a case information sheet, and a military status affidavit. The latter two documents need to be notarized. File these with the court.

Your roommate has as much right to occupy the space as you do. If you want to keep the nonpaying roommate (or anyone else) out by changing the locks, you must get your landlord's permission, and you'll have to pay the cost. Legally, everyone on the lease is entitled to a new key, including the nonpaying roommate.

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. When there is a verbal agreement but no written lease, whatever terms specified verbally must still be honored.

First and foremost, you can't kick somebody out or lock someone out of the house until you have a hearing. You also can't get a kick-out order in the state of Texas unless there are family violence allegations.

Eviction Filing Fee is $204 ($54 court cost and $150 service fee per person). Payment options of cash, cashier's check, or money order. Please make payable to the Justice of the Peace 3 ( JP 3).

The subtenant must give a notice of one month in order to terminate the sublease. The subtenant is also required to give reasons for leaving the premises. A sublease can be terminated early if the subtenant is willing to pay the rent until the end of the month and an amount in addition to this.

You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.

sublet Add to list Share. Other forms: subletting; sublets. When you rent an apartment by taking over another person's lease, instead of renting directly from a landlord, you sublet. You can also say the person sublets the apartment to you.

To file the eviction lawsuit, a property owner must first notify the squatter through a three-day eviction notice. Once this has passed with no resolution, landowners can officially file their lawsuit with the court. Remember, in a squatter situation, time is of the essence.

How long can a squatter stay in your house in Texas? ›

The Squatter Must Have Resided on the Property for a Continuous Period of Time. In Texas, this period is 10 years. This time must not be interrupted. In other words, they cannot file for an adverse possession if they, for example, give up the property for a while and then return to claim it later.

Squatters in Texas have certain basic rights. The law gives them rights to the property even if they don't legally own it. As long as the squatter isn't served an eviction notice, they are legally allowed to live on the property and over time could gain legal ownership rights over the property.

Guests must have permission to remain in your home. Once you withdraw that permission, they are trespassing. You may call local law enforcement to remove them from your home if they refuse to leave.

Technically, in most situations, a houseguest who remains after being asked to leave is trespassing.

Abandonment laws in Texas apply when one spouse leaves the marital home without the intent of ever coming back. In addition, the abandoning spouse generally must make no effort to communicate or offer any financial support to the other spouse.

Texas law states that property owners are able to use force to terminate trespassing or theft if they deem it necessary; however, force and deadly force are two different actions. Shooting the trespasser is considered deadly force since the bullet can easily end the person's life.

Any guest residing at the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant. This person must be added to the lease agreement.

Yes, someone can live with the tenant without being on the lease. However, it is important to distinguish the difference between a guest and a long-term guest.

Step 1: Written Notice to Vacate.

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.

Many states have laws in place that require landlords to serve their tenants with a 3-Day Notice to Quit. The state of Texas is no exception regarding any rental unit or rental property. Serving a 3-Day Notice to Quit gives the tenant two options: pay the rent that's due or move out.

How do I file a 3-day eviction notice in Texas? ›

In Texas, this notice can be given for various reasons, including non-payment of rent, violation of the lease agreement, or illegal activity on the property. To serve the 3-day eviction notice in Texas, the landlord must personally deliver the notice to the tenant or post it on the front door of the rental unit.

A Texas Lease Termination Letter Form (30-Day Notice) is a legal document that may be completed and delivered by either a landlord or tenant to serve a 30-day notice to vacate a rental property.

File an official tenant eviction order with your local courts. If they still won't leave, you can take them to court. If they paid for groceries or any bills, they may legally be an "at-will tenant," making it much harder to kick them out legally.

There's no specific abandonment law in Texas. Some residential and commercial up to 3 years. Their belongings can be sent to city storage.

We all know the roommates GCSˡ rules: keep it tidy, do your dishes, do not be noisy and do not abuse of the bathroom.

The Fair Housing Act, enacted by The U.S. Department of Housing and Urban Development (HUD), regulates how many people can live in a rental unit. This law permits two tenants per bedroom — or four people total — unless a lower or higher number can be justified.

Some common house rules roommates should follow include keeping the apartment clean, minimizing noise, and respecting each other's belongings. Taking the time to sit down and discuss your top pet peeves before you move in together will help to make your life much easier.

Your roommate may be able to legally stay in your apartment, even if they're not on the lease and you've asked them to leave, for between a few days to a couple months, depending on the state you live in. If your roommate is on the lease, you can't technically kick them out, but you can ask them to leave nicely.

When is an Eviction Illegal? There are circ*mstances where an eviction is simply illegal as a matter of law. A landlord cannot evict a tenant based on race, sex, national origin, disability or family status.

If one tenant leaves, the remaining tenant may be liable for the full amount of monthly rent. A landlord may review the rent-to-income ratio of the remaining tenant if the tenant wants to stay and keep paying the rent. New roommates should be screened before being added to the lease agreement.

How do I evict a roommate not on the lease in Texas? ›

The proper way to remove an individual with no lease is an eviction. Even if someone has been in a property less than a week the only way to properly remove someone who claims to be a resident is through an eviction. This is done just as a landlord would evict an individual who has a lease.

The Rights of Unmarried Couples

Unmarried couples do not enjoy the same rights as married couples. Texas laws consider property acquired during a marriage to be owned equally by both parties, no matter whose name is on the property. But this does not apply to those who are not considered married.

Head to the Justice of the Peace Court that serves the county in which you reside (a “J.P. Court,” in Texas lawyer lingo). Fill out a petition for eviction, a case information sheet, and a military status affidavit. The latter two documents need to be notarized. File these with the court.

If there is no lease, the girlfriend or boyfriend is essentially a squatter. Texas does not permit "self-help" evictions, meaning that it is not permissible for you to change the locks and throw all their belongings on the lawn.

Step 1: Written Notice to Vacate.

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.

Yes, someone can live with the tenant without being on the lease. However, it is important to distinguish the difference between a guest and a long-term guest.

Talk to Your Landlord

An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

If your guest won't leave, you could be in violation of your lease. If you don't remedy the situation, your landlord could terminate your lease and evict everybody that lives there. NOTE: Although a landlord can terminate a tenant's lease, only a court can order an eviction.

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. When there is a verbal agreement but no written lease, whatever terms specified verbally must still be honored.

How much does it cost to evict someone in Texas? ›

Eviction Filing Fee is $204 ($54 court cost and $150 service fee per person). Payment options of cash, cashier's check, or money order. Please make payable to the Justice of the Peace 3 ( JP 3).

The landlords have to issue a 30-Day Notice to Vacate. The tenant has no choice but to leave the premises before the end of the notice period. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period.

An eviction is a lawsuit filed by a landlord to remove tenants and their belongings from the landlord's property. In Texas, an eviction is also called a “forcible entry and detainer,” and a landlord cannot remove a tenant from the property without filing such a case.

The eviction process includes several steps, but can happen very quickly. In Texas, in most cases, a landlord can evict a tenant for failing to pay rent within a few weeks of the first missed rent payment.

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.