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Question regarding sublet eviction

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Dubdidit361

Active Member
What is the name of your state?tx

If master tenant illegally rents out a room in apartment what is the eviction process for subtenant.

The main tenant convinced sub tenant that the deal was authorized by apartment management. The apartment management was made aware that the apartment was being occupied by other individuals besides master tenant and ordered the master tenant to cure the situation.

What steps must be taken by land lord and master tenant. The subtenants have lived there 90 days. To legally start the eviction proccess must a 30 day notice be given to subtenant followed by the regular eviction process?

If subtenants paid a security deposit who returns that. If the entire rental was not authorized is subtenant entitled to any money back.
From what i understand the office is threatning to call police on the subleasers if they are not out today
 


Just Blue

Senior Member
What is the name of your state?tx

If master tenant illegally rents out a room in apartment what is the eviction process for subtenant.

The main tenant convinced sub tenant that the deal was authorized by apartment management. The apartment management was made aware that the apartment was being occupied by other individuals besides master tenant and ordered the master tenant to cure the situation.

What steps must be taken by land lord and master tenant. The subtenants have lived there 90 days. To legally start the eviction proccess must a 30 day notice be given to subtenant followed by the regular eviction process?

If subtenants paid a security deposit who returns that. If the entire rental was not authorized is subtenant entitled to any money back.
From what i understand the office is threatning to call police on the subleasers if they are not out today
Who are you in this situation?
 

FarmerJ

Senior Member
If I rent a room to you in a place where I am renting say as a month to month tenant where you are paying me , you are my subtenant and if I want you to go OR my landlord wants to make me get you out then I still have to give you proper notice to get out. Even if the LL did know about you but I chose to end your tenancy you are still entitled to a proper notice from me.
 

justalayman

Senior Member
Landlords action is primarily against master tenant. Landlord likely has a valid basis for evicting master tenant due to breach of contract/violation of the terms of the lease.


Master tenant needs to evict tenant as the laws of Texas dictate. If master tenant contracted for a fixed term with the subtenant, master tenant may find themselves in a while lot of hot water. Master tenant is bound by whatever contract they have with the subtenant.
 

justalayman

Senior Member
Neither. Im aski g for a grouo of people. I just know the wealth of information that sometimes..how do i underline sometimes lol..and trying to get a somewhat educated perspective on the situation
So you know a group of people that all have a disallowed subtenant?
 

Dubdidit361

Active Member
Thank you. This is what i thought. I mediated the situation between both parties bluffing that i knew the law. I had them come up with a suitable date that will work for both parties this way a long court room drama will not be necessary. If the subtenant refuses to leave they will be subject to a real deal eviction suit and may mess up their future rental endeavors even if they get a few extra weeks in fighting the case.
 

Dubdidit361

Active Member
So you know a group of people that all have a disallowed subtenant?
No im asking for both the master tenant 'subtenant and landlord..kinda. The landlord is trying to scare the tenants with threats of police involvement when nothing in writing has even been sent to anyone. Its been nothing but informal phone calls
 

justalayman

Senior Member
to terminate a lease without cause, the tenant must be given a 30 day written notice. If a landlord (including the master tenant in their role as landlord) attempts to evict a tenant without proper notice, the suit will not be successful. The process would then have to be followed as the law requires. That means it could end up taking much longer that desired.
 

Dubdidit361

Active Member
to terminate a lease without cause, the tenant must be given a 30 day written notice. If a landlord (including the master tenant in their role as landlord) attempts to evict a tenant without proper notice, the suit will not be successful. The process would then have to be followed as the law requires. That means it could end up taking much longer that desired.
Even if they have a mutually agreed date of when the subtenants will leave? The subtenants agreed to be out in one week. From what i understand..which isnt much...if the subtenants are not out on that day then a suit can be filed in the courts. Again i am a neutral party to some clueless individuals and i just wsnt to make sure my info is right

Now as far as the master tenant goes..other than his violation of his lease can he be held accountable for anything. He did rent out his place under false pretenses collecting a security deposit and multiple months rent which he did profit from??(charged more than what the actual rent was) can he be forced to pay for the cost of moving etc..
 

justalayman

Senior Member
Of course if the subtenant and master tenant agree to a shorter time it will be the shorter time. You had spoken to a situation where the subtenant didn’t leave so I spoke to what the master tenant will be required to do legally to terminate the tenancy if the subtenant doesnt agree to a shorter timeframe.
 

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