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?


Asked on 4/27/08, 5:49 pm

1 Answer from Attorneys

Donald Nemec Law Office of Donald C. Nemec

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.

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Answered on 4/29/08, 5:50 pm


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