Eviction gone hay-wire (Dallas, Center: apartment complex, renter, loft)

[bp051988]

This is a confusing situation, but I will try to explain my best. A room-mate and I lived in a loft in Dallas. We agreed that all bills and rent would be split in half (roughly $700 total each). Everything went great for a few months, until one day when we got into a verbal argument. The Room-mate and I were arguing over some bills, and the fact that he was throwing a raging party with alcohol, weed and god knows what else the night before, when out of no where he hits me across the face. Him and his two brothers were there, and me being a somewhat petite female, became very scared. So I ran to my room, locked the door and called the cops. Him and his brothers fled the scene. The cops arrived and surveyed myself and the scene. A police report was made, filed and he was charged with assault. Within the hour of this happening, I went to the office and told them what happened. They were all great, and trying to help me. they all felt terrible and were even trying to find me another apt. in their building. It was unsuccessful, so I sat with the manager and gave my notice. I moved out that afternoon. I emailed my notice of moving, and they all knew why. A week or two went by and I talked with my ex-room mate (i moved into a hotel) and stated that I would try to get him a new room mate, even though I wanted nothing to do with him. I posted an ad on Craigslist (I have the ad and all the responses), then a week or two later I heard from my ex room mate. He stated that he found a room mate and that the lease would be signed next week, which i had to be present for. he said he would call. I never heard from him. So in an attempt to have Rent a center come get their furniture (the roomie stated that he was out of town on business then out for a vacation for a few days). So what happens? I open the door to the apt. and all of his stuff is gone. he has fled the apt. and there is a 72 hour notice on the door, and its the third day. The apt, refuses to take me off the lease, stating that they need a second person on it. There is a fake lease from a fake person in the file that never got signed. The roomie left his old car in the parking garage, left junk in the apt and disappeared. Now im left with this nasty eviction, of which i have not revieved any paperwork for and was told by the office "I have direct orders not to talk to you about anything" So to this day, I dont know what my eviction amount is, when the court date was or anything. I want to get my name off the lease, and get out of the eviction amount....if THAT doesnt work, I want to go after my old room mate. I feel i shouldnt be charged since i left due to HIS VIOLENCE AGAINST ME. now, where do i get started? how do i find out what my eviction amount was (they had my forwarding info by the way). and where do I stand legally? It seems that lawyers are too busy to talk now days, I just want some answers. Thanks, I really appreciate any advice. PS> The roomie is also claiming that he gave me 750 cash for a month, and it didnt get paid toward rent. he claims I stole it, which of course never even happened. He just doesnt want to take ANY responsibility.

[FalconheadWest]

It sounds like we're going to see you on Judge Judy...

The eviction would have had to have been filed at the court house, so go there.

[DaveG99]

that sucks

[derekv]

http://www.dallascounty.org/legal-in...a/Eviction.pdf

Texas Tenant Advisor

Take a look at those websites, but the bad news is that you are on the hook for the rent as far as the apartment complex is concerned.

You probably have a good JP court case against your roommate for at least his share of the rent if you want to file this, you can
do it yourself.

[loves2read]

doesn't the fact that there was an assault against her by the roommate and that he has fled police jurisdiction give her any relief as far as leaving the apt...

[Rakin]

Many lease do have remedies for spousal abuse, Not sure it covers roommates who are not married.

I would start by reading my lease and see if it addresses the problem. Lookup the TX Property Code on line and it should address the issue also.

[Rakin]

You got me curious so I looked at the TX Leases. they state:

Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. Section 92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co-occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice.



So yes you can get out of it but you should have gotten a court order which protects you from your roommate.

It may be too late now but you might consult a Family Violence Center for help.

[loves2read]

I think the apt complex people are probably hoping that she does not know that provision since it sounds like she can be excused from the lease with proper paper work--they are just looking for someone to make the payments AND be able to rent out the apt to someone else...
that apt won't be vacant while she is paying out the rest of the lease...

[Squirl]

After reading your email, I now believe I'll only let one person sign a lease when I rent out my townhouse. Sorry for all the pain you are going thru.

[loves2read]

whether or not you let one person or two sign a lease--you can still have renter problems...