Legal Question in Real Estate Law in Texas

Our lease-holder is intent on taking three other roommates (including myself) if we do not give her November's rent and utilities. According to her, we have violated our "Roommates Agreement" because we did not give her the proper 60 days notice and/or someone willing to take our room(s). However, she has been in violation of the agreement as well, having thrown parties without our approval, missing bill payments, neglecting her animals and making the house unlivable. We have found at least eight people now interested in taking the rooms in November. My question is: if this Roommate Agreement is not a legal or notarized document, can any of this uphold in a courtroom?

Once again, she is not the landlord. She is the lease-holder, and the only person on the lease. Right now she is saying we all need to follow the agreement; well according to that document, the worst thing that could happen to us if we don't pay rent is eviction. That isn't an issue because we've already found other places to live.


Asked on 10/22/09, 9:22 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

It is a contract between the parties who signed it and is enforceable. You can settle in small claims court and ask for an offset as to her violations, but withholding rent is not a valid option. Why not give her the rent and sublease it to interested party for your remaining month?

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Answered on 10/27/09, 9:28 am


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