My roommate, who paid her rent and utilities on time the first few months, is now not paying. Her rent is $750 with utilities included, and on the 6th of this month she paid me $200. She told me that she could pay another $175 on Friday and then the other $375 on the 15th. She is also refusing to pay the $25 late fee. The lease that I wrote up clearly stated that the rent was due on the 1st and late on the 5th and there was a late charge. Can I evict? And, if so, how?
Oil / Gas Attorney
Yes you can evict. First you will need to give a notice to vacate giving the appropriate amount of days for the subtenant to leave. If the subtenant does not leave, then you file an eviction suit (forcible detainer) with the justice of the peace in the precinct where the property is located. After she receives service, a hearing will be set and you will need to go and present your evidence. If the judge finds for you, he will order the subtenant to vacate or post appeal bond within 6 days. On the 6th day, if neither of those things have occurred, you can request a writ of possession. The writ is the final step and it will allow the sheriff/constable to remove the subtenant if she still remains.
More detailed information regarding the eviction process can usually be found at the justice of the peace's clerk's office.
If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.
A landlord has two measures of relief or a lease that has been breached: (1) outstanding rent; and (2) repossession of the property. To evict the tenant, write a notice to vacate and provide it to the tenant. Make sure that you keep a copy for your records, and make note as to when and how the notice was delivered.
If the tenant does not voluntarily leave, you can file an application for a writ of forcible detainer with your local justice of the peace. You can review the forcible detainer provisions of the Texas Property Code sections 24.001, et seq., at the following web address:
You can also seek recovery of the outstanding rent along with the request for forcible detainer.
Administrative Law Lawyer
In addition to the legal methods, Mr. Erickson stated so well, you might also try to talk. That is if you still want the tenant / roommate. Tell them you will start the eviction procedures unless the person pays the entire rent. Your lease is not mentioned and that will be important to stay within the written agreement.
Next there are specific requirements to provide notice, that you must follow.