Legal Question in Landlord & Tenant Law in Texas
Roommate moved out before end of lease
A friend of mine and I have been
sharing an apartment for the past 10
months on a 12-month lease. When
we moved in together, I was
approved for the apartment and the
landlord did not require my friend to
be on the lease, but knew that she
would be living in the same building.
Since my name was on the lease,
she got all of the utilities put in her
name. I was out of town for about a
week and when I returned, she and
all of her possessions were gone,
without any type of notification. We
had a verbal agreement to stay the
full 12 months of the lease and then
part our separate ways. The only
proof of her occupancy that I have
would be the utility companies
having her information, copies of rent
checks written to me every month,
and her mail sent to the apartment
that was left behind. Would any of
this hold in a small claims court since
there was no written agreement
between her and I?
1 Answer from Attorneys
Re: Roommate moved out before end of lease
It probably would hold up as evidence in small claims court. For leases less than 12 months in duration, an oral agreement can create an enforceable contract. Contact an attorney if you need assistance filing the petition.