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lbqqqg · Jun 23, 2009, 02:08 PM

I am in Texas and have rent an apt at a complex which doesn't allow sublet but adding a new name on the lease. I let someone move in at the evening when the office is closed, but he has never added his name as requested. There is a "private agreement" between us about the rent, utility and deposit, etc. Now he is refusing to pay the utilities and wanting to continue to stay after the date the paid rent could cover. What should I do to get my money of utilities back without losing more on rent? (I am paying the apt the rent) Is eviction process valid for our situation of "private contract"? Or should I sue him directly instead of filing eviction?

ScottGem · Jun 23, 2009, 03:13 PM

First, you have gotten yourself caught between a rock and a hard place. I'm not sure you can file for eviction since you don't have legal standing, since its an unauthorized rental. Is the tenant aware its an unauthorized sublet?

lbqqqg · Jun 23, 2009, 03:55 PM

Yes, he is aware. He is now taking advantage of this by refusing to add his name on the lease

ScottGem · Jun 23, 2009, 04:54 PM

I would strongly suggest consulting a local real estate attorney. I don't know how your local courts will deal with the fact that you are trying to evict someone when you have no legal standing.

AK lawyer · Jun 23, 2009, 05:22 PM

Actually, you have "standing" in the legal sense: you have an immediate interest in the leasehold which your subtenant is infringing. The real problem though is that you sublet an interest, arguably, in the premises in violation of your lease.

If you were to go to court to get your subtenant evicted, you could argue (persuasively, in my opinion) that the subtenant would lack standing to assert the "no subleasing" provision and rule in your favor. In other words, the contractual terms existing between you and your landlord are really none of the subtenant's business, other than to establish that you have the right to possession represented by your lease. Alternatively, the court should find that, although the provision exists, it shouldn't stand in the way of eviction. In other words, "ok, but where do we go from here?" is what the court should ask itself rhetorically.

Originally Posted by ;

should I sue him directly instead of filing eviction?

Do both. In many jurisdictions this would be done in the same court proceeding.

Fr_Chuck · Jun 23, 2009, 07:50 PM

I may disagree, since you can not legally sublease, you can not sue or collect from any activity that is not legal for you to do.

So in my opinion you may evict but not collect any rents since you were not legally entitled to the money by your rental agreement

lbqqqg · Jun 23, 2009, 08:53 PM

Precisely, I am not subletting, because I am paying part of the rent, and he pays the other part. So technically we are sharing instead. The agreement between us uses "sublease" no where but determines how the rent and fees are divided. Does it make me stand?

lbqqqg · Jun 23, 2009, 09:59 PM

If our agreement is not legal and valid, can I get him out personally. If the police is called, will they take the person out? My understanding is that if the agreement is not legal or doesn't exist, I have the right to call the police to ask others to leave my premises.

ScottGem · Jun 24, 2009, 02:05 AM

Originally Posted by lbqqqg

Precisely, I am not subletting, because I am paying part of the rent, and he pays the other part. So technically we are sharing instead. The agreement between us uses "sublease" no where but determines how the rent and fees are divided. Does it make me stand?

This changes things. Even if you are not living in the apartment, you entered into a sharing arrangement so he is, in effect a roommate, not a sublet.

So, yes, you can go through the formal eviction process. He may try to bring up that you don't actually live there, but I doubt if the housing court will entertain that as grounds for him to stay, especially since you pay part of the rent.

As for the police, he has established residency, therefore the police will not get involved.

Fr_Chuck · Jun 24, 2009, 03:50 AM

Ahhh, but... who is the renter to the landlord ( person who owns it)
You may have came to an agreement but if it was not OK'ed with the landlord and esp if the landlord told you that this was not allowed.

I just need this clarified.

If I owned a house, and rented it to you, and told you that you could not rent it out or have anyone move in unless you cleared it with me and added them as a tenant.

Then you move someone in without telling me and against the rules of your rental, then it may be a problem.

You can always try, most likely the person you rented from will not be smart enough to try to fight it anyway.

lbqqqg · Jun 24, 2009, 10:32 AM

If it goes to the step of "Original Petition" and this guy ran away and the court had no place to deliever the Citation and the Original Petition to the tenant, what will happen? Does that mean the case is dismmissed automatically? I spent money on the petition without even getting a court date?

If it goes to the step of "going to the court"and he didn't show up at the court, do I win the case automatically?