CanI evict a roommate if both of usare on the lease?
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CanI evict a roommate if both of usare on the lease?
It was only me on the lease until I renewed it in July for a year. My roommate does not pay any bills and has no income due to the fact he can’t work because of a bad back. Can I evict him if I decide that I don’t want him living there anymore?
Asked on October 13, 2010 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Since both of you are on the lease, then you are both legally bound to the rental. In a situation such as this, talk to your roommate and try to resolve the issue. If no agreeable terms can be reached, discuss with your roommate the idea of one of you moving out and terminating that portion of the lease early. You can then get another roommate, if you choose (and the landlord agrees)
Otherwise, only your lanlord has a right to evict one of the tenants. Sinceyour roommate has actually violated a term of the lease (ie non-payment), immediately notify your landlord. They can then file for an eviction. Just make sure that you are prepared because with your roommate gone, you will have to cover all of the rent until a new roommate can be found.
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