How to Evict a Roommate in Texas

Living with a roommate can be a great way to save money and enjoy the company of others. However, sometimes situations arise where it becomes necessary to evict a roommate. Whether it’s due to non-payment of rent, violation of lease terms, or simply a deteriorating relationship, knowing how to navigate the eviction process in Texas is crucial. In this article, we will provide a step-by-step guide on how to evict a roommate in Texas, along with answers to seven frequently asked questions.

Step 1: Review the lease agreement
Before proceeding with an eviction, carefully review the lease agreement to ensure that it allows for subletting or having a roommate. If the lease prohibits such arrangements, you may need to consult the landlord to seek their permission before proceeding.

Step 2: Communicate and document issues
Attempt to resolve any conflicts or issues with your roommate through open and honest communication. Document all discussions, warnings, and any evidence of lease violations. This documentation will be essential if the situation escalates and legal action becomes necessary.

Step 3: Serve a written notice
If your attempts to resolve the issues fail, you must serve a written notice to your roommate. In Texas, the notice period is typically 30 days, but it may vary depending on the terms of your lease agreement. Ensure that the notice clearly outlines the reasons for eviction and the date by which they must vacate the premises.

Step 4: File an eviction suit
If your roommate refuses to vacate the premises within the specified notice period, you will need to file an eviction suit in your local county court. The court will then provide a hearing date, and you must properly serve your roommate with a copy of the eviction suit and hearing notice.

Step 5: Attend the eviction hearing
Both you and your roommate must attend the eviction hearing. Prepare all relevant documents, such as the lease agreement, written notice, and any other evidence of lease violations. The judge will hear both sides of the dispute and make a ruling.

Step 6: Obtain a writ of possession
If the judge rules in your favor, you will receive a judgment for possession. This document grants you the right to take possession of the property. However, you must obtain a writ of possession from the court and have it executed by a constable or sheriff before physically removing your roommate from the premises.

Step 7: Remove the roommate from the property
Once you have obtained the writ of possession, you can coordinate with the constable or sheriff to schedule the removal of your roommate from the property. It is important to note that you cannot personally remove your roommate; this must be done by a law enforcement officer.

FAQs:

1. Can I change the locks to prevent my roommate from entering the property?
No, changing the locks without proper legal process is considered an illegal eviction in Texas. You must follow the proper eviction procedures outlined by the law.

2. What if my roommate refuses to leave even after obtaining a judgment for possession?
If your roommate refuses to leave, you will need to contact a constable or sheriff to enforce the eviction order. They have the authority to physically remove your roommate from the property if necessary.

3. Can I withhold my roommate’s belongings until they pay outstanding rent or damages?
No, it is illegal to withhold someone’s belongings as a form of payment or to force them to leave the property. You must follow the legal eviction process to resolve any outstanding issues.

4. Can I evict my roommate without going to court?
No, eviction in Texas requires a court order. It is important to follow the proper legal process to avoid potential legal consequences.

5. Can I use a self-help eviction method, such as turning off utilities or removing doors?
No, self-help evictions are illegal in Texas. You must go through the court system to evict a roommate.

6. Can I evict my roommate if they are not on the lease agreement?
Yes, as long as you are the primary leaseholder or have the landlord’s permission to have a roommate, you can initiate the eviction process.

7. What if my roommate is violent or poses a threat to my safety?
If you feel unsafe or threatened by your roommate, contact local law enforcement immediately. They can provide guidance and assistance to ensure your safety.

In conclusion, evicting a roommate in Texas requires following a specific legal process. From reviewing the lease agreement to attending the eviction hearing, each step must be carefully followed to ensure a successful eviction. By understanding the process and seeking legal advice if necessary, you can navigate the eviction process with confidence and protect your rights as a tenant.