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My roommate hasn't paid January or February rent. Since he is not in the lease, it has fallen to me to pay all of it. I want him out but the problem is he is never home. I've tried calling him and texting him but his phone is shut off it seems. I've emailed him twice and no response. I do not want him to have access to my things anymore and want to change the locks. How do I proceed? I've put a written dated notice on the door but he hasn't been home.
Send him a pay or quit notice in the mail to his last known address. Send it by e-mail as well. If he doesn't respond, file for eviction. You can't change the locks until you obtain an eviction order. But you can lock up your stuff within the apt.
I don't have his last known address. I have the lease directly with the landlord. He and I have NO WRITTEN agreement. I have read other threads that say he is a guest.
Yes you DO have his last known address. He lived with you, correct? And no, he is not a guest. You had a rental agreement. He paid you rent, even though he missed the last few months. Therefore, he is your tenant. Even without a written agreement. If you change the locks he can sue you for an illegal eviction.
I don't know about your state, but in Texas, if he is not on the lease, then he is not a legal tenant. I would say to go to your landlord and request a lock change. Your friend cannot sue you for that. You are protecting your property from unknown parties that may have a key. Your landlord will want an explanation, and will probably charge you a fee for changing the locks. DO NOT CHANGE THE LOCKS WITHOUT YOUR LANDLORDS APPROVAL,because then there could be lots of legal problems. You must be certain that there is nothing in writing between you two though, or there will be issues. Also, my contracts do not allow subletting. So if there is something written, your landlord may have a problem with that if hi/she did not know about it. In other words, if it is just a friend you moved in to help with the bills, then there shouldn't be a problem. Just be sure to give their stuff back. If you are worried about the back rent you have had to pay, forget it.Small claims court wants signed agreements.
No my landlord knew he moved in because I got her approval before he did. She was actually supposed to have him on his own lease affective January but that fell through because she spaced it. He paid her January rent directly and his check bounced. She and I have both tried to get a hold of him to no avail. She told me to get my locks changed ASAP but with OR laws I don't know how it falls. I've called fair housing, they referred me to CAT. They haven't returned my call nor has legal aid.
If he ever paid any rent then he is a tenant even though there is no written agreement and you cannot change the locks without a court order. If you change the locks without a court order that is considered a self-help eviction and it is illegal.
If his name and info and signature is not on any paperwork pertaining to this lease, legally, he is not a tenant.
Quote:
Originally Posted by tommybwiz
Please provide a cite to back that up. My research says you are wrong. You might want to check Tex. Prop. Code SS 92. 001 (b).Quote:
Originally Posted by tommybwiz
SS91.005
That being said, the original post did not tell all
In Texas, UNLIKE many other states, a tenant cannot validly sublease or assign his leasehold interest to another tenant without the landlords prior consent
It still goes back to subletting, at least here. Otherwise, I would say it is a guest helping with the bills. But, you know this is TEXAS.
I can't find 92001(b) - I do find 92001 which says: "§ 92.001. DEFINITIONS. Except as otherwise provided by this chapter, in this chapter: (1) "Dwelling" means one or more rooms rented for use
as a permanent residence under a single lease to one or more
tenants; (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the
Landlord unless the manager or agent purports to be the owner,
Lessor, or sublessor in an oral or written lease. (3) "Lease" means any written or oral agreement
Between a landlord and tenant that establishes or modifies the
Terms, conditions, rules, or other provisions regarding the use and
Occupancy of a dwelling. (
) "Normal wear and tear" means deterioration that
Results from the intended use of a dwelling, including, for the
Purposes of Subchapters B and D, breakage or malfunction due to age
Or deteriorated condition, but the term does not include
Deterioration that results from negligence, carelessness,
Accident, or abuse of the premises, equipment, or chattels by the
Tenant, by a member of the tenant's household, or by a guest or
Invitee of the tenant.
(5) "Premises" means a tenant's rental unit, any area
Or facility the lease authorizes the tenant to use, and the
Appurtenances, grounds, and facilities held out for the use of
Tenants generally.
(6) "Tenant" means a person who is authorized by a
Lease to occupy a dwelling to the exclusion of others and, for the
Purposes of Subchapters D, E, and F, who is obligated under the
Lease to pay rent."
Isn't the roommate a sub-lessor?
The OP is the sub-lessor. The roommate is the sub-lessee.
AS I originally said, I am from Texas. I do not know what OR laws are on subletting. It is not legal here unless agreed by the REAL LANDLORD, not the tenant. The tenant is a TENANT.
JUDYK, I figure you binged it like everyone else. Go to part one under subletting
Tommy, you are new here, so you may not understand how we do things. We take pride in the accuracy of our responses here. We are not perfect but when we are caught in a mistake we admit it. You are totally and completely wrong here. First you made these comments:
Quote:
Originally Posted by tommybwiz
When I asked for a cite you came up with 91.005. But that clause does not support the above two quotes. I also suggested you look at 91.001. Did you? Because it directly contradicts those quotes.Quote:
Originally Posted by tommybwiz
Second, 91.005 does prohibit subletting without the landlord's permission. But how does that help the OP? What it does is give the OP's landlord a way to evict the OP. It doesn't do anything about the OP's relationship with HIS tenant. And 92.001 makes it clear that the roommate IS the OP's tenant.
Finally, did you miss this?So the landlord did give permission, so it's a valid sublet under 91.005.Quote:
Originally Posted by Hcartwright0320
Bottom line is the roommate IS the OP's legal tenant, despite your erroneous advice, and has to legally evict him.
Please be more careful in the future about the accuracy of your advice.
I've had that problem even if he isn't on lease you can't evict him only landlord can because you let him stay with you I even called the cops they couldn't do anything we ended up moving out because they crap
This is also not entirely accurate. The fact is that the roommate is the OP's tenant and he is his landlord. Therefore he CAN file for eviction because he is the landlord. His landlord (the owner of the property) actually can't do anything since the landlord has no relationship with the roommate.Quote:
Originally Posted by Ashley3214
And yes, the police usually cannot do anything since this is a civil, not criminal matter.
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