Can I evict boyfriend from my home?

[jennifer thorst]

What is the name of your state? Texas Tarrant County
I own my home. My boyfriend moved in about 3 years ago. The oral agreement was that he pay for half house payment and half of all utilities. At first he did pay as required but as of last April he hasn't paid on a regular basis and is in default of the oral agreement. He's been asked numerous times to move out. I finally gave him a deadline of December 20th. He is making threats to take me to court and "squat" on the property. There has never been a written lease. Do I need a legal form or can I draw up a notice to vacate myself? Am I required to give 30 days notice? What are my other options? Thank you.

 

[abezon]

Check out TX Statutes, Property Code, chapters 24, 91, & 92 for the residential L/T act & eviction proceedings.

You should deliver written notice that you are terminating the tenancy in 30 days, AND deliver a written demand that he pay all back rent in 3 days or quit the premises. Have a friend deliver the 3-day notice to him personally, so the friend can execute an affidavit of service. After 3 days, file an unlawful detainer action in Justice Court.

Your library should have the Property code and some legal form books to help you through the process. Or you can hire a lawyer & add the legal fees to the judgment you'll be getting.

 

[queenofsand]

Just to add a bit more to abezon's information...

FtW/Tarrant county specifics--(evictions scroll almost halfway down) Precinct info and phone numbers, too
http://apartments.about.com/gi/dyna...://ci.fort-worth.tx.us/codecomp/renthand1.htm


Property Code Ch 24
http://www.capitol.state.tx.us/statutes/py/py0002400toc.html

Property Code Ch 92
http://www.capitol.state.tx.us/statutes/py/py0009200toc.html


Additional info
http://www.texastenant.org/tenant2.html#anchor652437

If you wish to request legal fees, there's a specific timeline/procedure for notification. (Ch 24.006)

 

[firemanup]

Does Tx have common law marriage statutes????

If they qualify as a common law marriage, living together for 3 yrs, would he (the bf) not have new rights under that?

Hope he doesn't for your sake but if he does, might be something to find out before you do too much, so he doesn't get a lawyer and cause things to backfire on you.

jason

 

[firemanup]

I found this on the net, I'm guessing that you wouldn't qualify then..... good for you

Jason


Texas
A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.

 

[I AM ALWAYS LIABLE]

My response:

Our writer said - -

"He is making threats to take me to court and "squat" on the property."

You tell him, "Hey pal, 'squat' on this!"

. . . while pointing to a hole in the ground.

IAAL

 

[HomeGuru]

Nah, then he'll really have squatters rights.

 

[JETX]

Interesting responses by all..... but the simple answer is:

By entering into a rental relationship (even a verbal one), you have given him specific tenant rights. And with his breach, you need to comply with the full legal notice and formal "Detainer" process as required by statute:
http://www.capitol.state.tx.us/statutes/py/py0002400.html#top

And though Texas is a 'common law' (actually called informal marriage) state, the mere living together does not establish a marriage relationship.