Ok well lets put it like this , i have a friend whos roomate has been cursing around the kids(recorded) , yelled when asked to pay her portion of the bills(recorded) that were 2 months past due, and my friend decided it was to much and had to leave because the home was not suitable for her and her daughter , the enviroment was also even effecting her child's preformance at school. SO she decided to leave...........this is taking place in texas. What are the tenants rights and what could the landlord do legally to her?
2007-10-29 09:05:36 · 6 answers · asked by latinkittn07 1 in Politics & Government ➔ Law & Ethics
The landlord has an obligation to try and lease the property to someone else but your friend can be held liable for the remaing months on the lease, at least until the property is released.
2007-10-29 09:11:53 · answer #1 · answered by bjackson75061 3 · 1⤊ 0⤋
A friend of mine walked away from a lease in Texas and the landlord turned the past due rent and penalties described in the lease over to a collection agency.
I don't see how it is the landlord's fault that the friend had a bad roommate. There is nothing the landlord can do about the situation with the roommate. The landlord cannot just kick the person out if that person is on the lease. If the person was not on the lease then your friend should have had the roommate removed.
The landlord is expecting to receive the rent money. If your friend has signed a lease and is behind on the payments, then the landlord is allowed to try to recover that money.
2007-10-29 16:12:04 · answer #2 · answered by A.Mercer 7 · 1⤊ 0⤋
Here's the deal with you:
If the roommate and your friend are together on one lease, then as long as the roommate makes the payments on the lease, everything is cool. If the roommate moves out, the roommate and your friend can be held jointly and severally liable for any unpaid portion of the lease. This is ugly... and worse if the lease renews each year (let's say, the lease renews, and THE NEXT DAY the roommate breaks the lease. your friend could be on the hook for 12 mos!!!)
If the roommate and your friend have separate leases for one apartment, then your friend may have an "out" only if she has complained about the roommate's behavior to the landlord and the landlord has taken no action. In this case because the leases are separate the landlord has a duty to "keep the peace" (somewhat) inside the apartment, and her/his failing to do so is grounds for a breach.
Wish her luck.
2007-10-29 17:56:24 · answer #3 · answered by Shell Answer Man 5 · 0⤊ 0⤋
Typically when you sign a lease, you are responsible for rent for the terms of the lease. So if she broke the lease and there are 4 months to go and the rent is $500, she can be sued for $2,000 plus court costs. This can be recovered via a court ordered wage garnishment. She can also have her credit damaged becase the land lord has the right to report her to a credit agency as being a late payer.
If the landlord agrees to allow her to break the lease, the worst she may lose is the security deposit which is typically 1 months rent.
If the woman she is sharing an apartment with wants to continue to live there, she can just pay the rent as well.
I have owned rental property in the past and this is how we handled this.
2007-10-29 16:12:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The person is responsible to find a new person to finish the lease
2007-10-29 16:16:27 · answer #5 · answered by mystcarol 4 · 0⤊ 0⤋
If she is named on the lease and signed it then she is responsible for any money that is owed.
2007-10-29 16:11:55 · answer #6 · answered by Anonymous · 1⤊ 0⤋