Legal Question in Landlord & Tenant Law in Texas

I stay in campus living where we each pay our seperate rent to the apartments... I stay with 3 other girls and 2 of which smokes and all of which who are underaged drinkers... We have been having some conflicts lately and I would prefer to get out of this lease. the reason being I don't want to transfer to another unit is there is always partying going on and the management does nothing about it. To make matters worse i have to come home to wild parties here at my own place where the smoking affects my asthma and drinking causes rowdy ness... When I have school the next day... I went I the office to get a copy of my lease and the roommate clause states this "resident acknowledges Owner has the right to assign a Roommate to any vacant Exclusive Bed Space in the Unit before or during the Term of this Contract without notice. Resident acknowledges that Resident is solely responsible for getting along with the Roommates, even if Owner placed Resident with the Roommates. Resident acknowledges that reasonable cooperation and respect will be used with Roommates and non-smoker rights prevail. Owner shall not be liable for any personal conflict of Resident with Roommates, Roommates� guests, licensees, or invitees, or with any other residents that reside at the Community. A conflict of any kind, including, but not limited to, actual or threatened physical injury, between Resident and Roommates or residents that reside at the Community, does not constitute grounds for termination of the Housing Contract by Resident." That's the only clause about roommates... But I don't think it's right that they are allowed to get away with this. I didn't know I was moving with smokers my Asthma is bad... My lease ends in August an that is too far away! Did I mention that I am going to school for criminal justice and going to school for anything in that field I can not have anything on my record an what if they come and bust these girls for underage drinking or possession and its considered my place too... I just can't risk tht.


Asked on 10/23/12, 2:19 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Despite the difficulty of your situation, the bottom line is that you signed the contract. Normally complexes of this nature are willing to accommodate tenants, and you should seriously work with them to move to another apartment. You state that you don't want to, but your options are limited, and there are no doubt other tenants who prefer to study instead of party.

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Answered on 10/24/12, 5:23 am


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