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  1. #1
    Join Date
    Feb 2016
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    1

    Question Roommate Plans to Move Out and Has Stopped Paying Rent

    My question involves landlord-tenant law in the State of: Texas

    I live in an apartment complex and I'm the only one on the lease. My current roommate moved in about 6 months ago. We split the rent and utilities in half. He's not on the lease and I recently renewed the lease for a year in Nov because he said he would be staying until then. A week ago he said he would be moving out. He said he would be paying for this month, February, and next month, March, and then he'd be out. He hasn't been home since the 1st and I've been texting him since the second about him paying his half of the rent and utilities. I texted him on the 2nd reminding him that the latest the rent and utilities are due is on the 3rd. After that, it's considered late. I also told him his half of the cable and Internet are due on the 5th.

    He texted me back saying that his bank card was bent so he couldn't get any cash out until he got a new one. I ended up paying for the rent and utilities because I didn't want to be late. I texted him on the 5th reminding him that his half of the cable and Internet were due and told him I had to pay his half of the rent and utilities and that he owed me with the exact amount. He never text me back but he got online and paid the cable and Internet. It is now the 8th and he still hasn't answered any of my questions about when he's going to pay me back and what day is his exact move out day. I plan on getting another roommate but every potential wants to know when they can start moving in and I don't know because my roommate won't answer my calls or texts. I don't even know where he's staying. All his stuff is still here and he still has a key to the place. I'm afraid he's going to move out all his stuff when I'm not here without paying me back. Can I legally get the apartment complex to change the locks before he does that so I can be here if he tries that?

    I've also found someone who wants to move in in a week but I need my roommate's stuff out. How would I go about doing that? Like I said, he won't answer any of my calls or texts about his move out date, he stopped paying rent, and all his stuff is still here. I'm also thinking I should just cut my losses for now and just take him to small claims court. But again, what about all his stuff?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Roommate Plans to Move Out and Has Stopped Paying Rent

    If you want to commence eviction of your roommate for non-payment of rent, you may do so -- but you won't get him out inside of a week unless he agrees to leave. No, you can't simply lock him out -- you made him your tenant and you have to follow the law. If you lock him out unlawfully, he can sue you for damages.

    Texas does have a lock-out provision for landlords who have the required terms in their leases with their tenants, but I am skeptical that you have the required terms (if you even have a written lease), and the statute is not as broad as you appear to hope. A good lease will also include terms describing acts that will constitute abandonment of the premises.

    If you can get your roommate to confirm that he has vacated the unit, and to give you permission to put his items into storage or to arrange to pick them up, that would be a possible resolution of the problem.

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