If my roommate signed a new lease and I am a month-month holdover, can the police kick me out?

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If my roommate signed a new lease and I am a month-month holdover, can the police kick me out?

I have been month-to-month since our agreement ended 9 months ago. I was initially on the old lease but my roommate begins a new lease net week. We had initially agreed I would pay him a prorated rent as I would be moving out the 14th of next month, however, last night he told me that he wants me out in 3 days. I’ve spoken with the apartment complex and they said he legally can call the cops and have me kicked out if I don;t leave on the 1st. I also have a our agreement that states that I am a holdover and the tenancy shall be terminable upon 30 days written notice.

Asked on July 29, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, the police will not throw out a former tenant or a month to month tenant on three days notice. If you are a month to month tenant or are holding over on a month to month basis, you may only be evicted by bringing an eviction action against you in court, after which--assuming you lose--court officers (constables or sheriff deputies) will remove you. First though, you must be given 30 days notice to leave; it's only if you don't leave at that point that an eviction action can be commenced. The whole process will usually take 4 - 8 weeks, plus the original 30 days notice.

 


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