Whether or not you can legally evict your roommate in Texas depends largely on the nature of your living arrangement and the legal status of your roommate in relation to the property.
Roommate on the Lease
If your roommate is on the lease, you both have equal rights to occupy the property under the lease agreement. In this situation, you do not have the authority to evict your roommate. Any disputes or issues would need to be handled through mutual agreement. In the event of a breach of lease, the landlord is the only party who can take steps to evict someone listed on the lease, and even then, it would likely involve evicting both tenants.
Roommate Not on the Lease
If your roommate is not on the lease, and you are the property owner or the only person on the lease, the situation is different. Here, your roommate might be considered a tenant, a licensee, or a subtenant, depending on the specific circumstances. In these situations where your roommate is not on the lease, you may be able to legally initiate eviction proceedings if they stop paying rent or violate other agreed-upon terms.
The Eviction Process
To evict a non-paying or problematic roommate, you must follow the legal eviction process in Texas, which involves several steps:
- Notice to Vacate: You must first serve your roommate with a notice to vacate. In Texas, this notice typically gives the roommate three days to leave the property unless a different period is specified in your rental agreement.
- Filing for Eviction: If the roommate does not leave after receiving the notice, you can file an eviction lawsuit (also known as a forcible detainer suit) in the appropriate Justice of the Peace court.
- Court Hearing: The court will schedule a hearing where both you and your roommate can present your case. The judge will then decide whether to grant the eviction.
- Eviction Order: If the judge rules in your favor, they will issue an eviction order. However, this does not mean your roommate will immediately leave.
- Constable's Removal: If your roommate still refuses to leave after the eviction order, a constable can enforce the order by physically removing your roommate and their belongings from the property. It may be necessary to hire movers to place their belongings on the curb and a locksmith to change the locks.
Conclusion
Evicting a roommate in Texas requires careful adherence to the legal process, particularly if your roommate is not on the lease. While it may seem straightforward, the process involves legal steps that must be followed to avoid complications. If you find yourself needing to evict a roommate, consulting with an attorney can help ensure that the process is handled correctly and that your rights are protected.
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