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  1. #1

    Exclamation Eviciting a Roommate Not on the Lease, Wanting to Use Deposit for Last Months Rent

    My question involves a roommate in the State of: Texas


    I am the lease holder in a house in Austin, Texas. My boyfriend and my roommate are technically "Additional Occupants" not otherwise on the lease.
    The lease states: "The additional occupant may remain in the house only at the Tenant's pleasure."

    The security deposit has been paid from me, to my landlord. We do not receive the security deposit back until we move, and my boyfriend and I plan on staying.

    The 3rd roommate is saying she will move out by May 1st. It is currently March 25th. She wants us to use her deposit for the rent in April, but I don't want to do that. The landlord said it's up to me how I handle the deposit. I don't want her to trash her room, and then move (she's the type). She also owes $90 in back bills, plus the bills accrued from March (due in April) and the bills accrued in April (due in May) should she stay through the end of April.

    The bottom line is, if she were to leave in April, I would not mind holding her deposit for rent (should she leave her room in satisfactory condition). I have no problem taking her to court over the bills, since I have record of sending her the statements, but no record of payment.

    I was told I can serve her with a 3-day notice if she refuses to pay rent, though she will argue that her deposit was her "rent", that won't hold up in court, as a deposit is for the condition of the house/room, not for rent.

    I have let her know that I am willing to hire an attorney and pursue this in the courts if she a. doesn't pay her april rent, or b. pays her april rent, stays til may, but refuses to pay her bills.

    What are my rights, here?

  2. #2
    Join Date
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    Default Re: Eviciting a Roommate Not on the Lease, Wanting to Use Deposit for Last Months Ren

    If she doesn't pay her rent on time you can begin the formal eviction process. You should not anticipate that, if evicted, she will cooperate with the payment of any money judgment you obtain - most evicted tenants aren't cooperative.

    It's difficult to assess the situation without having a better sense of your roommate's personality. With one type of person, it would be sensible to serve a notice to pay or quit the moment rent wasn't paid; with another type of person it would be more sensible to wait until she moved out then sue for any additional money owed in small claims court.

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