Legal Question in Real Estate Law in Texas

roommate

I rentad a room in my house. We had a verbal agreement that rent would be $400/month. He gave me a cashier's check for $1200.00 for the first three months rent. He purchased a ceiling fan ($200) for the room he rented and stated I could keep the fan after he moved out if I installed it. After the first month I asked him if he was happy with the living quarters which he replied ''yes''. I asked him if he was planning to stay for awhile which he replied ''yes'' and he would stay for awhile and that we would be giving me another rent check in a couple of months. After the second month I received a message on my cel phone stating that he moved out. He then wanted a refund for the third month rent ($400) which I replied he was not getting due to the fact that he gave no notice and I could have rented the room to someone else for that month.

He is now threatening to take me to small claims court and I would have to pay his lawyer and court fees. I told him I could give back the ceiling fan he bought but I would not give him a refund on the rent. I did not get my house key back from him and I had to change the locks in my house. Would I have to refund his rent? Thanks for the assistance.


Asked on 10/17/02, 12:21 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: roommate

Your tenant was on a month tenancy and by Texas statute was required to give you notice of termination. After notice the tenancy terminates on the later of 1)the day given in the notice for termination or 2) one month after the day on which the notice is given.Texas Property Code Sec. 91.001. From the facts you give, the tenant owes you the 3rd months rent and maybe a couple of extra days. If he sues, you win. Larry Maun 713.266.2560

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Answered on 10/17/02, 2:22 pm


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