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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 25427
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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In Texas, I have leased this apt. for only 3 months ( sold

Customer Question

In Texas, I have leased this apt. for only 3 months ( sold my home after 25 years). I am the only tenant on the lease. My adult son, who is mentally ill, has a felony convicton for assault and was just sentenced to probation. He could not qualify as a tenant because of this. The landlord says he must move out, and if he stays, I am in violation of the lease. What can I do? They have not given me any written notice. Are they required to? How much time can I have to move? I have paid all rent amounts due, but the costs of all this are killing me. What is my best course of action?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas, as I said.
JA: Has any paperwork been filed in court? And what is your ideal outcome for the situation?
Customer: As I said, no written notice of any kind has been given. I applied to have my son added to the lease, and they denied it, and all this started. read it again. They told me by phone that I am in default on the lease, but no written notice of any kind has arrived. The ideal outcome is I stay here and my son stays with me, but not on the lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 7 months ago.

Good afternoon. I am sorry to hear about what both you and your are going through. In a situation like this, the landlord has to give you written notice and a chance to cure. Unless your lease agreement requires no notice and advises that any violation will result in the landlord automatically proceeding with eviction, you should be given a notice and a chance to cure. Here, the landlord needs to advise you in writing and your son would need to vacate, since the landlord will not allow it and only you are on the lease. If he fails to, then the landlord could proceed with the eviction but if he gets out, it should not be an issue.

Expert:  RealEstateAnswer replied 7 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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