How do I go about removing my verbally abusive common law/boyfriend who has been living with me in the apartment I rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I go about removing my verbally abusive common law/boyfriend who has been living with me in the apartment I rent?
Asked on November 26, 2011 under Family Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If he is on the lease with you, you can't evict him--only the landlord could, and only if he violates the lease in some way.
2) If he sublets from you (including under an oral agreement, such as by paying part of the rent for you), you can only evict him if--
a) He violates the written or oral lease; or
b) At the end of the written lease (don't renew it); or
c) With an oral lease, provide 30 days notice that you are terminating his tenancy
Under these 3 scenarios, if he doesn't leave when he needs to, you would then bring an eviction (summary disposses) action.
3) If he pays nothing and is neither a tenant nor subtenant, he's a guest, there only by your permission; revoke his permission. If he doesn't leave then, contact the police; they should throw him out, but often refuse to get invovled in what they see as a domestic or civil matter. If they won't help, bring an eviction action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.