I recently (Nov 27. 2010) moved to an apartment (in the state of Texas) with my 23 year old niece in tow. I told the apartment staff that she was a houseguest and would not be staying long. They still required her to be on the lease. I refused, so they let her sign a "Roommate Addendum". As I suspected, things went sour between us and I have asked her to leave (Jan 18th, 2011). But she isn't leaving. She pays no rent, no utilities or any help what so ever. I asked my apartment staff but they have been no help. How do I remove this person from my apartment legally?

Take her to small claims court for the unpaid money. AS far as evicting her... if she is in the lease as a resident.. thats going to be difficult without the landlords blessing. You may wantt o talk to a real estate lawyer who can review your lease and see if there is a way you can have her evicted.

Please tell us what that addendum says, is she actually now listed as a tenant? I do not disagree with Smoothy but think we need more info. You can't sue for rent if she never promised to pay rent. Lack of a written or ora agreement you can't turn around and say you want rent. What promises were made if any?

Ok two things: first, I don't really want to take her to small claims because it's not about the money. I did my sister a favor, and at this point all I would like back is my space and sanity. Secondly, the roommate addendum is basically stating that she is a tenant. She doesn't have any financial responsibility. This looks as though it would be the worst thing I could do for myself, but as I stated before, I was forced to basically, and she never was finacially responsible anyway. So, am I going to have to live out the lease with her there even though I pay everything? I can not afford to abandon the lease, as I have finally begun a solid repair to my credit after a bad divorce. Thanks for any advice. -A

Hello a:

Ok, then... Your battle is with your landlord. They made you enter this unpalatable agreement, and when you had trouble with it, as you surly would, they threw up their hands, and said it's not their problem...

I'd MAKE it their problem. Write them a certified letter stating everything you told us, and DEMAND they release you from your lease or you'll sue them. In your letter, ask for the names and address of the ENTIRE staff, as you're going to sue them personally too.

It's true. You may not have a basis for your suit, although I don't know if that's so, but it will certainly cost them money to defend it. Letting you out of your lease costs them NOTHING, and it gives you an opportunity to say by by to your sister.

You need to realize that at this point in the negotiating process, it's a matter of INTIMIDATION... If your landlord thinks you'll STAY, and keep your mouth shut, and PAY your rent, they'll certainly let you. But, if they think you're going to cause them all sorts of trouble, then they might back down... So, don't write a nice little flimsy letter ASKING them for help... Write a BIG, straightforward DEMAND for action. Type it, and send it certified, return receipt requested.

excon