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Did I rent an “illegal” room? Should I worry about it? What are the possible consequences I will face, if any?

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river543

New member
State: Texas

I am a graduate student at University of Texas at Austin in Austin, TX and looked on craigslist for private room rentals. There are many, and I moved into a 2 bed/2 bath apartment leased for 12 months by 1 person (the only person on primary lease). The guy on the lease sleeps in the living room and rents out the other 2 bedrooms for $450/mo to other college students and I do not think he has consent of the landlord. We pay the guy on the lease in check every month. It is stated on the main lease agreement in print that room rentals are not allowed unless agreed upon by the landlord in writing. Again, it does not say that renting the rooms is not allowed but that it is only allowed when the landlord consents and agrees in writing.

I like this room, have already moved my stuff in, and have already settled in in this place with the 2 other people. After finding this out, I have done some research and it says that the only possible consequences we may face (if any) is possible 3-day notice to move out by the landlord. I also read posts by others online who said that this is very common in large cities like Austin/Houston and college towns and that they advise to just keep renting the room and not cause any disturbance and that it will be fine as long as the landlord gets paid the rent monthly. The guy on the lease has leased the 2bed/2bath apartment for 1.5 years now and I believe he has done this for a quite a while to save money. He has already rented this room to many people during this time. I have checked out some other private rooms on craigslist in-person by medical students, graduate students, college students, and many (50%+) are doing the same thing.

I am assuming that the biggest consequence of renting out a room without written consent by landlord in Texas again would only be to face a 3-day notice to leave and then eviction if we do not leave within 3 days. I just want to make sure this is the worst-case scenario, and that the main tenant on the lease is the one that will bear the largest risk and consequence in doing this as they are the only ones legally responsible. The guy on the lease is a medical student and the other roommate is a nursing student and they are both great people. If I like this place, the people, and the amenities should I just continue renting this private room and not find somewhere else? Again, I just want to know all the potential consequences that I could face continuing to rent this room for $450/mo from the guy on the lease with no written consent by the landlord.
 


LdiJ

Senior Member
State: Texas

I am a graduate student at University of Texas at Austin in Austin, TX and looked on craigslist for private room rentals. There are many, and I moved into a 2 bed/2 bath apartment leased for 12 months by 1 person (the only person on primary lease). The guy on the lease sleeps in the living room and rents out the other 2 bedrooms for $450/mo to other college students and I do not think he has consent of the landlord. We pay the guy on the lease in check every month. It is stated on the main lease agreement in print that room rentals are not allowed unless agreed upon by the landlord in writing. Again, it does not say that renting the rooms is not allowed but that it is only allowed when the landlord consents and agrees in writing.

I like this room, have already moved my stuff in, and have already settled in in this place with the 2 other people. After finding this out, I have done some research and it says that the only possible consequences we may face (if any) is possible 3-day notice to move out by the landlord. I also read posts by others online who said that this is very common in large cities like Austin/Houston and college towns and that they advise to just keep renting the room and not cause any disturbance and that it will be fine as long as the landlord gets paid the rent monthly. The guy on the lease has leased the 2bed/2bath apartment for 1.5 years now and I believe he has done this for a quite a while to save money. He has already rented this room to many people during this time. I have checked out some other private rooms on craigslist in-person by medical students, graduate students, college students, and many (50%+) are doing the same thing.

I am assuming that the biggest consequence of renting out a room without written consent by landlord in Texas again would only be to face a 3-day notice to leave and then eviction if we do not leave within 3 days. I just want to make sure this is the worst-case scenario, and that the main tenant on the lease is the one that will bear the largest risk and consequence in doing this as they are the only ones legally responsible. The guy on the lease is a medical student and the other roommate is a nursing student and they are both great people. If I like this place, the people, and the amenities should I just continue renting this private room and not find somewhere else? Again, I just want to know all the potential consequences that I could face continuing to rent this room for $450/mo from the guy on the lease with no written consent by the landlord.
You are correct that you face no real consequences other than potentially having to move out quickly. If you are all quiet, and pay the rent on time the landlord is unlikely to care at all.
 

river543

New member
You are correct that you face no real consequences other than potentially having to move out quickly. If you are all quiet, and pay the rent on time the landlord is unlikely to care at all.
Thanks for the quick reply LdiJ. What are the worst consequences the room renters could face in this situation if we rent the room with the main tenant on the lease without landlord's consent (if we just rent the room, cause no disturbance, etc. etc.)? Is it just being given a 3-day notice to move out? There are no legal/criminal/etc. consequences right? Just want to make sure as I try to be as law-abiding citizen as possible.
 

LdiJ

Senior Member
Thanks for the quick reply LdiJ. What are the worst consequences the room renters could face in this situation if we rent the room with the main tenant on the lease without landlord's consent (if we just rent the room, cause no disturbance, etc. etc.)? Is it just being given a 3-day notice to move out? There are no legal/criminal/etc. consequences right? Just want to make sure as I try to be as law-abiding citizen as possible.
You are not breaking any laws or breaking any contracts. The named tenant is not breaking any laws but he is possibly breaking a contract. Your worst case scenario is possibly having to find somewhere else to live quickly. The named tenants worst case scenario is having an eviction on his record, which is bad for his credit.

There is nothing criminal about any of this.
 

STEPHAN

Senior Member
Nobody can legally force you to move out with 3 days notice, they have to follow eviction laws.
 

HRZ

Senior Member
THe guy doing the rental may have some problems with the owner/LL if the owner/LL chooses to raise them. But as the tenants subtenant you have a pile of due process protections and it may take the guy a good bit of time to sort it all out properly IF that were to arise .

Many a LL is content with timely payments and not having his or her place trashed ...the LL might have a beef about wear and tear via multiple occupants or utilities if utilities are included...but in your shoes I'd not run about raising red flags .
 

river543

New member
Okay, the worst case scenario is that the landlord gives us 3-day notice to vacate and if I move out within those 3 days, I can have no eviction lawsuit or other legal charges filed against me by the landlord right? I just don't want the possibility of having anything on my legal record that can be found by future landlords/employers, etc.
 

LdiJ

Senior Member
Okay, the worst case scenario is that the landlord gives us 3-day notice to vacate and if I move out within those 3 days, I can have no eviction lawsuit or other legal charges filed against me by the landlord right? I just don't want the possibility of having anything on my legal record that can be found by future landlords/employers, etc.
The landlord isn't even going to know who you are, let alone have enough information to actually get something put against your record.
 

HRZ

Senior Member
Your LL is the guy sleeping in the living room ....he is unlikely to get the steps right .
 

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