What are my rights if I signed a lease for one specific bedroom in a 4 bedroom unit but the manager let someone else move into my room?

UPDATED: Aug 23, 2012

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What are my rights if I signed a lease for one specific bedroom in a 4 bedroom unit but the manager let someone else move into my room?

I signed my lease before the other tenant. It clearly states that I was signing a lease for “bedroom #1.” The other tenant was moving from another unit in the complex to occupy this unit. He was led to believe- by the manager- that he could choose between the 2 vacant rooms. He chose room 1. The manager is now telling me that I will have to move into bedroom 2. The lease states that I am responsible for rent for my bedroom, plus shared utilities (split between the 4 total occupants). It just doesn’t seem right. Can I move into bedroom 2 and just pay utilities?

Asked on August 23, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease with the landlord as to a shared rental that you get a specific bedroom and you are not getting it, then the landlord has materially breached the written lease with you and you have no legal obligation under the law to perform, move in or pay rent.

If that is your desire, then you need to advise the landlord of such in writing while keeping a copy of the letter for future use and need. Unless the landlord is willing to re-write your lease you cannot move into bedroom # 2 and just pay utilities.

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