First you should notify the landlord that you will be taking it to court so they should go ahead and file, or he can discuss the situation reasonably with you. First you have nothing you did wrong so while he can perhaps evict your roommate for destruction of property you should be fine and your roommate would still owe half the rent until you could replace him. I am assuming that they made both of you sign and apply separately and you were both approved. Now your roommate can go to court as a separate action and try and defend his actions but that isn't your problem. Here in Texas this would be heard in the JP court and many are not so friendly to lawyers. While it might be worth consulting an attorney I would tend just to get advice and maybe some case cites rather than have one show up in court. The JP's I have seen wouldn't put you out on the street for someone elses actions.
To sum up.
They can evict your roommate if they want but you were not a party to the violation and it has nothing to do with you.
Inform the Landlord that you will contest any eviction and do so immediately.
You may want to consult a lawyer but in a JP court it's often better not to bring them to the court.
You should not accept or allow any restrictions on lawful behavior that are not already in the lease (No telling you you can't possess guns)
Any arrangement your roommate makes is his problem.
If your roommate does leave or gets evicted then he is still responsible for the rent until the end of the lease or until you can find a roommate that can qualify.
You will be the one who must get the money out of your roommate not the apartment.
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• Page 1 of 1
- by EEllis
- Sat Oct 05, 2013 2:39 am
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: Eviction Notice
- Replies: 23
- Views: 5795
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