How to Evict a Roommate Not on the Lease in Texas

By Tessa Holmes
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If your roommate is living on the property without having signed a lease, he is considered to be a month-to-month tenant, according to the the state of Texas, and must vacate the premises after receiving written notice that instructs him to vacate. However, if the roommate refuses to leave, a formal eviction will be necessary. Evictions in the state of Texas generally take no shorter than 20 to 23 days before they are official.

Speak with your landlord about evicting the roommate. If you have a landlord and you want to legally evict a roommate, the landlord must take part in the eviction process. If you want to unofficially evict someone not on the lease, you can try asking her to leave. If she does not leave, begin the eviction process with your landlord.

Help your landlord compose a written notice that instructs the roommate to leave the property. Your landlord must either deliver the note personally, with a witness present, or post the letter and a request of receipt to the roommate. In Texas, you must wait until three days following receipt of the letter before taking further action.

Go to your local county clerk's office with your landlord. File a petition with the court for an eviction of a tenant not on the lease, which will cost you a fee of $72, as of August 2011.

Mark the court date on your calendar. Before the date, sit down with your landlord and go over all of the documents that may be useful for the hearing. The lease that you have signed and the property deed, as well as utility bills, repair bills and other records that show your landlord owns the property, you are a contractual tenant and your roommate has not been paying bills or has been damaging the property. Organize them presentably and neatly.

About the Author

Tessa Holmes has been writing professionally since 2007. Her short stories and articles have been published on Relevantmagazine.com and in the "Cypress Dome." She has worked with the "Florida Review." She holds a Bachelor of Arts in English from the University of Central Florida.