How to Evict a Roommate in Texas the Legal Way
Living with a roommate is a great way to minimize your monthly bills. If you get along well with your roommate, it could be a wonderful situation that benefits both of you. But, not all roommates are easy to live with and the situation can become unbearable pretty quickly. If you're thinking about evicting a roommate in Texas, you need to make sure you follow the proper procedure to get them out. You can't just force them to leave.
Evicting a problematic roommate isn't easy. In fact, it can be downright difficult and more than a little nerve-wracking. If you make a mistake or miss a step in the process, you could be stuck with your roommate, making a bad situation even worse. Rather than stress and worry, let DoNotPay help you manage the process of evicting a roommate and get results fast without violating their renter's rights.
Do You Have the Legal Power to Evict Your Roommate in Texas?
If you're having problems with a roommate and you're thinking about making them move out, not so fast. You can't strong-arm a roommate into leaving just because you want them to. In fact, you may not have control over the situation at all. Your right to evict a roommate in Texas depends upon whether:
|Your Roommate Is on the Lease||If you and your roommate are both renters according to the lease agreement with the landlord, you have no legal right to evict them. If there is a valid reason for the individual to be removed from the property, it's the landlord's responsibility to proceed with an eviction.|
|Your Roommate Is Not On the Lease||If your roommate isn't on the lease, you still can't just put them out. In effect, you allow them to stay in your rented home makes you their landlord. As such, you have to go through the same legal processes that any landlord would go through to evict a tenant.|
Reasons to Evict a Roommate in Texas
What starts out as a friendly arrangement between two people can quickly become a nightmare situation. A bad roommate is emotionally, physically, and possibly financially draining. But, in order to evict a roommate in Texas, you need a good reason such as:
- Non-Payment of rent.
- Non-compliance with the written or oral lease agreement.
- Illegal activities happening in the home.
- Damage to the property caused by the roommate.
- The roommate poses a threat to the safety of others.
- The agreed lease period is up and you just want them to leave.
What Does the Eviction Process Look Like in Texas?
So, you have a good reason for asking your roommate to leave, now what? In order for your eviction request to be legal, you need to follow the same laws as a landlord. The process looks like this:
- Document Everything - If you're paying the rent and other bills, show proof. If there's damage or criminal activity happening, take pictures and video.
- Stick to Written Communication - If you're ready to start the eviction process, start using email, text, or other written documents to discuss the process.
- Wait the Appropriate Time - You can't instantly evict someone. For non-payment or lease violations, you have to give your roommate three days to fix it. For month-to-month leases, it's 30 days.
- Go to Court - File a petition for eviction against your roommate. You'll need to file a case information sheet and military status form as well.
- Your Roommate is Served Papers - Once your eviction request has been filed, they will be served the papers by law enforcement.
- You Go to Court and Plead Your Case - Both you and your roommate will have the opportunity to speak regarding the eviction. If the court rules in your favor, your roommate will have to move out of the home.
What if My Roommate Refuses to Leave?
A difficult roommate may not agree with the court's decision, and they may insist that they're not going to leave the property. The thing is, they legally have six days to vacate the home. If the roommate refuses to leave, you'll have to go back to the court to request a Writ of Possession, which you'll then file with the local sheriff's office for a small fee. Once that's completed, the sheriff will come to the home to evict the roommate so you can live in peace once again.
Evict Your Roommate in Texas Sucessfully With DoNotPay
Instead of hassling with the process of evicting a roommate on your own, rely on the legal expertise of DoNotPay. In fact, DoNotPay can help you with a variety of tenant, landlord, and roommate issues including:
- Get back your security deposit when you move out.
- Learn your state's eviction laws to protect yourself.
- Resolve disputes about repairs with your landlord.
- File a complaint about your landlord.
- Evict unwanted roommates by filing demand letters.
- Sue a roommate for eviction through small claims court.
Just an example of how easy it is to manage your roommates using DoNotPay:
If you want to evict a roommate in Texas but don't know where to start, DoNotPay has you covered in 4 easy steps:
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.
And that's it! You should hear back from your roommate directly once your demands are sent.
Why Use DoNotPay to Evict a Roommate
Your roommate isn't working out, and you just want them to leave. That's completely understandable, but you have to take care of it the right way or you'll be stuck with them. Evict a roommate with DoNotPay because:
- It's Fast—You don't have to spend your precious time filling out forms or making calls. DoNotPay takes care of it all in a few clicks.
- Easy Process—You don't have to struggle to fill out long, tedious forms and there are no complicated steps to follow. Just answer some questions, click, and go.
- Successfully Evict Your Roommate—You can rest assured your roommate will be moving out in short order.
Evict a Roommate in Any City or State with DoNotPay
Texas is hardly the only state where roommates can't always get along. No matter where you move to, you can rely on DoNotPay to help you manage your roommates. Whether you need to evict a roommate from your California vacation home or your Michigan home, DoNotPay has you covered.
What Else Can DoNotPay Do?
The world's first robot lawyer is capable of handling a huge number of tasks including:
- Get back security deposit
- Letter to the landlord about repair
- Can a landlord evict me
- Landlord have to return deposit
- Sue Anyone in Small Claims Court
- Produce Standardized Legal Documents
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- File a Freedom of Information Act Request
- Find Unclaimed Money
Visit DoNotPay today to learn more about how this innovative product can help you manage your life.