• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Illegal Sublease...do I evict both or just subleasers?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jongordo8

Junior Member
What is the name of your state (only U.S. law)? Texas

I had a tenant (lets call her girl 1) and she moved out in March even though her lease wasn't up till end of April (she paid in advance so payment wasn't the issue). She went ahead and sublet to a couple (come to find out she sublet without me signing off and subletting it is prohibited in my lease). Well I should have done something about it when I found out several weeks ago but since my other tenant (its a shared house, each tenant has a separate lease) was there and I trust him wholeheartedly I assumed it was only 2 months and how bad could it get?

Long story short the other tenant took a job out of town and is no longer living there. In the 12 days since he has left I have discovered that both members of the couple were on this sublease and in my original lease with girl 1 I stated only 1 person was supposed to be occupying the bedrooms she was leasing. Her boyfriend broke the entry door from the garage to the house last week, today when I was doing yard work I was drug paraphernalia in the garage, and the house is now filthy (dishes left in the sink for 2 weeks).

The original lease signed with tenant 1 states no illegal activity is permitted on the premises, house must be kept neat and tidy, no subletting, and any damage caused to the property is the tenant's responsibility to fix and alert the landlord immediately. She has broken all of these rules.

How do I legally evict the people currently living in the house? Do I evict the original tenant and the people living there now or can I just evict the people living there now?

What is the process?
1.3 day notice to vacate for breach of contract (they don't have a contract with me, just with my original tenant which is not legal)?
2. File in court
3. Go to court
4. wait 5 days
5. go to court to get constable?

Thanks in advance and sorry for the long explanation, I just want to protect my property.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top