Roommate eviction Advice!

Guys! I need some advice on a small roommate trouble in Texas.

I want to evict my roommate after the lease expires in Nov end. I believe that I can ask him to move out (already did in sept. beginning) and stay in the house on a new lease since I had been living there for past 1 1/2 years before he moved in March 07 so I have the first right to the house. He thinks otherwise and is not making any effort to find a new place and wants to be a thorn in my butt.

I wanted to make doubly sure that my interpretation is right so if anyone has any specific weblink or advice to contribute please share.

Thanks
Joey

Your landlord has the right of first refusal, much less determine who will rent the premises. If the lease is in your name alone, you should give your roommate at least 30 days' notice for the eviction (in writing is preferable for your records); if a joint lease, I'm of the opinion your roommate is entitled to remain until the expiration date, as long as his share of the rent/expenses is current. If you're intending to renew the lease (in your name alone,) it wouldn't hurt to advise the landlord of your intention well ahead of time but no later than 30 days prior to the expiration date ... again, in writing. If you've established a prior relationship with your landlord (a good one, of course,) you might want to starting negotiating the new lease, but ultimately the decision of whether to rent and which tenant will occupy is the landlord's. He/she can rent to whomever they choose and it's conceivable that could be neither one of you. (Suggestions/opinions here, not to be construed as legal advice.) http://www.legalmatch.com/law-librar...nd-tenant.html may also help. I'd also recommend the link for Wrongful Evictions. It's a given you were permitted to have roommates from the outset.

Good luck.

Hi ,
Thanks for the useful info. The apartment complex I live in is University Housing so the lease terms are standard for every resident. The current lease is joint and expires on 15 November after which I want the house to myself and chuck him out. I want to know if there any legal clause that works in my favor and helps me get rid of him since I am the older resident of the house.

Thanks
Joey

Without reviewing the lease, it's impossible to answer accurately. If you find nothing within the terms of the lease, best bet is to contact the university directly and find out what standard procedure is currently in place. They may have the policy available either in writing or published on the Internet as well.