Question about Texas Rental Law: roommate suddenly said he's moving out at end of month, leaving me in cold.?

by **marmion** » Sat Dec 17, 2011 5:15 am

The apartment I live in is leased under my roommate (lived here 8 months now). I owe nothing, up to date on rent (which I am never late on), bills, etc.

Anyhow, he found a better 'deal' he said and is moving in with two friends of his at the end of the month. Tells me I have a week in half to get out as he's turning in the keys to the apt manager on the 1st. I go to UT full time (and year from finishing) and work 30 - 40 hrs a week for minimum wage at Subway, unfortunately I have no credit (never had a credit card, don't even have a bank account - just my student debit card) so I need more than 10 days to come up with $600 - $800 to move.

In Texas, don't I have to be notified a month in advance for a 'notice to vacate'? I am considered a legal resident (at least according to the police) of this apartment, so I was wondering about this.

Any help would be appreciated, I really wish to know the legalities of this.

by **broehain61** » Sat Dec 17, 2011 5:17 am

Typical stuff that happens between roommates-I've heard it a lot before so you're far from being the only one. I can't speak specifically to Texas law but in most cases if you've all signed the lease, if one walks out the debt falls on the remaining roommates. This is pretty standard. From there you have to take the roommate that left to small claims to collect his portion. It's not easy, it takes time but it can be done provided you have proof of what he's normally paid, that he stopped paying, etc.-all stuff the court will want as proof to show he really does owe something. Don't expect to get much more but with proper proof you could collect most. You could ask for court costs and maybe something for the trouble but courts generally throw that out. Of course, check into Texas laws to find out for sure. Just use your browser with a few key words and you'll find all the basics. In the meantime, continue paying as you normally would, keep copies of everything/anything related that he would be paying, and any communication with the landlord on the situation. If you can't come up with the money for the walking roommate, you're landlord will come after you-something to consider regardless of what's going on with the roomie that skated. Double check your lease to see if there is anything specifically written about such situations-doubtful though, you'll just have to suck it up till you can recover the money in small claims.

by **garbhach65** » Sat Dec 17, 2011 5:19 am

You might want to get in touch with the LL yourself. Not being on the lease is an issue, which will make eviction very easy.

by **archy** » Sat Dec 17, 2011 5:25 am

As a sub-lessee you are required to be given the same notice as you normally pay rent. Thus if you pay monthly, you a required a months notice to vacate. If your roommate has lived at the apartment for over a year he is also likely on a month to month rental agreement and will have to give his landlord a months notice before he can leave too. If he just turns in the keys as he plans to do his landlord will confiscate the security deposit in full, sue him for the last month's rent plus any damages left behind. Since you will have no right to remain in the property you can then sue your ex-roommate for all living expenses you incurred during the time he did not provide the property to you.

Instead of threatening your legal recourse I suggest you point out what the landlord will likely do if he cuts out early leaving you high and dry. Good Luck! (get the old landlord to write a recommendation for you for your next apartment)

by **koltin** » Sat Dec 17, 2011 5:28 am

yes; you get a 30 day notice to leave; that does not mean he can't give you a bunch of cra.......before you or does move. Some people get that way.

YOU have other options too--
during your off hours, find another unit-building--student services provides this service.

also, you may seek a replacement tenant for the exiting roommate without needing to ask
permission and you would be the roommate's landlord till the existing roommate's lease
expires.

and fyi, the exiting roommate will owe the landlord the remaining rent.

IF the current LL knows you are there, seek another key and keep quiet.

if he does not, you have more problems!!!!

available to guide you further

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