Can I tell a roommate that they can’t have a party on the premises?

UPDATED: Sep 13, 2011

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Can I tell a roommate that they can’t have a party on the premises?

This roommate has been given 30 days notice to vacate because of verbal abuse to me. Some items of mine have come up missing, but I can’t prove anything about that.

Asked on September 13, 2011 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Does the roommate rent to you (i.e. is he or she a subtenant of yours; or do you own the property and rent out to the roommate), or do you both rent from someone else?

First, though, there is no eviction for "verbal abuse," and no right to generally say "no party" unless that was in a lease. There can be evictions for significantly bad conduct which disturbs the peace or violates other residents right to peaceful or quiet enjoyment, but this has to be fairly significantly bad behavior--not just the occasional party or some nasty name calling.

If the roommate rents from you, you could possible potentially look to evict the roommate for violating your right to peaceful enjoyment  or disorderly conduct; or if the roommate rents a month to month basis, with 30 days notice you can either tell them you are terminating their tenancy or are proposing new lease terms (like no parties).

However, if the roommate does not rent from you, then *you* can't evict the roommate--the landlord can, but a co-tenant cannot. In that case, the best you can likely do is to notify the landlord of the problems and see if the landlord both believes there are grounds to evict and is willing to take action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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