Table of Contents:
- How to Evict a Roommate Not on Your Lease in Tennessee
- How to Evict a Roommate Not on the Lease in Texas
Talk to your roommate and try to work out any issues you have before you resort to legal remedies. If the roommate has violated any provision of the lease for the property, you are equally responsible with the roommate for the violation. This is true even if the roommate is evicted. If the roommate has not paid rent and is evicted, you are still responsible for the unpaid rent. Make every effort to remedy the situation before you get your landlord involved.
Ask your roommate to leave voluntarily. The simplest way to evict someone quickly and easily is to ask them to vacate. Be reasonable and give the roommate time to make other arrangements. Keep in mind that your roommate has all the rights of a tenant even if he has not signed a lease.
Contact your landlord if you want to begin eviction proceedings against a roommate who is not on your lease. In Tennessee, you cannot act as a landlord and evict a roommate on your own. Your landlord is the only person who can initiate lawful eviction proceedings. Be aware that the proceedings, once begun, may or may not affect you and your lease. If your roommate has paid rent and occupied the unit for more than a month, he is considered a co-tenant. What affects a co-tenant may affect you and your lease.
Do not take any actions, such as confiscating property, locking a roommate out or cutting the roommate off from essential services, like the kitchen or bathroom. These are illegal actions and cannot be done by you or the landlord during eviction proceedings.
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.