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Do I have any rights to my illegal subleased apartment?

Alvin, TX |

I recently discovered that the apartment I have been renting is Illegal, the lease holder has broken the lease by letting me stay here without him living here. Ihave gotten behind on rent and he tried to sexually assault me as "payment". He said he can have me charged with tress passing and have me force ably removed. I explained my situation the the apartment manager, who told me I had to be out by the end of the day (because it was illegal) I had no idea, and now imhomeless. Do I have the legal right to stay here? At least 2 weeks to find somewhere for me and my 1 year old daughter to live.

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Attorney answers 2


You are probably a valid subtenant, which means the landlord would need to evict you in order to remove you. That process takes about a month to complete (completion occuring when sheriff shows up to throw you out). However, if you are forced to be evicted, the eviction will stay on your rental record, amking it hard for you to rent in the future. I would suggest trying to work out an arrangement with the landlord to allow you to stay for 2 more weeks. Report any crimes to the police.

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. In certain jurisdictions, this response may be considered an advertisement. In such circumstance, Kevin M. Koel is responsible for all content stated in the response. Kevin M. Koel is not certified by the Texas Board of Legal Specialization for any particular practice area, nor does Kevin M. Koel claim specialized knowledge in any practice area.

Kevin Matthew Koel

Kevin Matthew Koel


By "valid" I mean you are arguably a tenant due to your agreement with the true tenant and you do not appear to be a mere trespasser. Also, even if you were a trespasser, you would still need to be evicted through a formal court action.


You probably should look at the main lease with the landlord and the person who lease it to you: the leases typically address if subleasing is allowed and if so, the landlords typically have a duty to not without consent unless there is reason. You also need to find out if the landlord received notice of the sublease.

At the least, you may have a contract claim against the person who rented it to you.

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