Eviction Notice for Roommate
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FAQ
You cannot evict a co-tenant. Only a landlord can evict someone who is named on a lease, and can only do so with just cause.If your roommate is not paying rent, doing something illegal in the unit, or damaging the apartment, your landlord may step in to evict them for you.
If you want to unofficially evict someone not on the lease, you can try asking her to leave. If she does not leave, begin the eviction process with your landlord. Help your landlord compose a written notice that instructs the roommate to leave the property.
Legally Removing People. Send a certified letter asking them to leave in 30 days or less. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they've been with your for more than 30 days. Talk to an attorney who will help you draft and send an eviction notice
Addresses. Date. Tenant names. Status and date of the lease. Why the eviction notice is served (clear and concise explanation) Date tenant must vacate the property. Proof of service or delivery of notice.
It should spell out the terms of the eviction. The letter should be dated and state that the roommate has to be out within 30 days. You can also give a specific date by which the roommate has to leave. Make it clear that you'll bring legal action if he doesn't vacate the premises within the specified time.
It's best if your roommate leaves quietly during the 30-day notice period after you give him the eviction paperwork. If he doesn't, however, you must take him to court so a judge can demand he vacate the apartment. Even if his name isn't on the lease, you must follow formal eviction procedure to force him to leave.
You can only evict your roommate if they aren't on the lease or are your subtenant. Most of the laws relevant to leased apartments in Texas can be found in Title 8, Chapter 92 of the Texas Property Code. This law says that a lease can be oral or written, and can be made between a tenant and a subtenant.
