My sister and I lease a townhome and we subleased a room this spring to another girl. We have decided that we dont want her to live there anymore and she refuses to leave.

I say go buy new locks, install them and tell her she has one day to get her stuff out or we are putting it on the curb. Someone said if we do this then she can sue us in civil court.

What are our rights in this situation?

She has nothing in writing about leasing from us, and technically property management doesnt know about this.

We live in Texas if that is pertinent to anything.

Thanks!

 

Since she doesn't have anything in writing then I don't think there's anything she can do to you other than go and tell your landlord what you've been doing. If she did have a written lease it could be more difficult and require 30 days notice and possibly a court order. This is stuff I'm trying to remember from a business law class from a few years back.

Do you know a lawyer who could maybe give you some advice and maybe write a letter telling her to get the hell out?

 

if theres nothing in writing, give her the boot .....if you think about it she really can't even get you in trouble with your landlord for subleasing because she has nothing in writing to back her up. Her word against 2 people is what it comes down to.

 

Actually, if she can prove you have let her stay there, you will have to legally evict her, but this is a big problem since you don't own the unit. Be propared for a battle if she fights it. Putting her stuff out might work with the uninformed, but it is risky. The landlord is going to love you. In the past, I've found sulfuric acid and ferrous sulfate in the toilet day after day can make almost anyone leave.

 

that's pretty funny chipperman!!

 

Slap the bitch

 

hey thanks everyone. unfortunately her father is a lawyer and she would probably want to take us to court. but what would be the worst result of that?

we told her the reason she has to leave is because our landlord threatened to evict us for subleasing. i thought that was a pretty plausible story but since shes nuts she just started screaming and crying. HAHAHAHA

anyways tho, ill prob call for some legal advice today.

my sister thinks that she will just leave when the month is over, but its hard to live with someone who constantly screams at everyone and slams doors.

 

Ask judge Larry Joe. Texas justice!
Judge Judy?


All kidding aside. You have to evict her. If she can prove that she has paid rent and you have accepted it (checks) etc, you have a tenancy and something in writing that proves her tenancy. Legal or not. The fact that the landlord doesn't know or agree has nothing to do with it. That's your problem. You all may end up evicted. That may be good. Can you get out of your lease? Can you assign the lease to her and then leave? Find another place and let the chips fall. Are you still accepting rent? If you are and you want her out, you have to stop accepting rent. Even back rent and start the eviction process.
Do not change the locks or throw her stuff out, shut off the water etc. She will sue you and win for constructive eviction. That is illegal. Tenants have rights. Lots of rights. More rights than the landlord sometimes.
Tell the landlord the truth and have him evict all of you. Cooperate fully and go through the process. You don't want to get up in court and lie or embellish.

 

the problem is...i want to break the lease BUT my sister wants to stay. so i guess its her problem.

does being evicted go on your credit or something?

 

being evicted does not go on your credit, but having a bad reference does. Unless... your future landlord does not ask. But if i was a landlord, and i asked for your previous landlord's information, and you provide me nothing.. i would not rent to you.