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Is arbitration available when my tenant disputes my eviction notice? How does arbitration work?
I am the primary renter with three sublet agreements for each of the 3 rooms of a home in Texas that I am currently renting out. I want to evict one of the tenants because of complaints from the other two tenants, but the tenant is requesting arbitration. How does this work?
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Answers (1)
When a renter sublets part of his or her rental property, the renter is in the position of landlord in relation to the new sublease tenant. If for some reason the sublease tenant fails to pay the rent, the original tenant is still responsible for the full amount of the rent. However, the original tenant also has the ability to file an eviction proceeding against the sublease tenant and will have the full scope of landlord rights provided under Texas law. To commence the proceedings, the landlord (here the original tenant) should file for eviction with the court. Although some individuals prefer to seek landlord arbitration to resolve the dispute, this may not be required if the sublease agreement did not specifically provide for it.
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Posted by Jeff Rickman on 22 Jan 2010
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