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 9 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.


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