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  1. #1

    Default Month-To-Month Lease with Roommates and I Want Out

    My question involves landlord-tenant law in the State of: Texas
    My boyfriend and I are both on a lease with two other roommates. It was originally a one year lease and has now been moved to a month-to-month lease. The two other roommates are disgusting! They never clean up, they let their two large dogs tear up everything in sight, they constantly get in fights with slamming doors and yelling.
    I was previously cleaning up after them but after doing that for months I got tired and left them to deal with their own messes. Now the house is filthy and there are even rats! We do not get along anymore and only talk when necessary. I am diagnosed with depression and anxiety and continuing to live with them has put unneeded stress on me and I am uncomfortable in my own home.
    My boyfriend and I would like to terminate our residency and move closer to his work as he is currently driving almost 2 hours round trip everyday.
    If we provide 3 months notice to our landlord and he agrees to take our names off the lease and give our roommates 30 days notice that we are leaving, would they be able to sue us for unpaid rent? We would pay all bills up until the day on the notice and clean our respective areas. Would they have any legal standing in demanding rent after our termination if they choose to stay on the property?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Month-To-Month Lease with Roommates and I Want Out

    Quote Quoting Htowntexas88
    View Post
    Would they have any legal standing in demanding rent after our termination if they choose to stay on the property?
    I'm assuming that the "they" you refer to are your roommates. Obviously, they can "demand" anything they want. Can they win a lawsuit for rent after the required month's notice? Probably not. Your lease was with the landlord, not them. Texas requires only one month notice to terminate a month to month rental, whether it's to the landlord or both.

    https://law.justia.com/codes/texas/2...-8/chapter-91/

    Your problem is going to be with the landlord (owner of the property). You, your BF, and your roommates are jointly and severally liable. That means you are all responsible for anything any of you do or don't do.

    If you can get your landlord to give you a written release of liability in exchange for an agreement to pay rent for 3 more month, that's fine.

    If not, and your roommates continue to damage the property after you leave, you're still responsible for rent (if they don't pay) and damage as long as they are there.

    Think of it this way. As far as the landlord is concerned the four of you are one tenant unit and he'd probably prefer having 4 people to sue instead of just 2.

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