I want to evict my domestic partner?
Question Details: I let my boyfriend move into my apartment. after three years we have broke it off. He wont leave, because it's a common wealth state. I want to know if I can legally give him an eviction notice?
Texas is a common-law state, not a "common wealth" state. If he is on the lease, you cannot "evict" him from the premises. If he is not on the lease, then the landlord-tenant laws of Texas apply. Your boyfriend has a possessory interest in the leased premises because he has lived there for three years. Further, he may be able to assert a "holdover tenancy" status if you try to evict him. Eventually you will get him out of there through an eviction action and he may not challenge you if you give him notice. However, there are ways for him to delay having to leave immediately. You may pick up eviction documents at the clerk's office of your local Justice of the Peace court.
I am a lawyer in CT and practice in this area of the law. Your ex is considered a squatter and no longer has the right or privilege to occupy the premises. I suggest that you go to the housing court to fill out a notice to quit or eviction notice. if your ex fails to leave by the prescribed date in the notice, then you should hire a lawyer to file an eviction action to get a judge to sign an order removing him by law from the property.
