If I rent an apartment with my wife but we have her 26 years old living with us since he doesn’t have his own place, how do we evict him?

UPDATED: Aug 7, 2012

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If I rent an apartment with my wife but we have her 26 years old living with us since he doesn’t have his own place, how do we evict him?

He has become aggressive and we want to evict him. What right does he has since he hasn’t pay rent or hi is not in the aparment lease? We had a verbal agreement that he will pay $200/month but he didn’t pay the full ammount on the first due date and he hasn’t paid the second time at all.

Asked on August 7, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was an agreement for him to pay rent, he is a tenant, and may be evicted like any tenant. You may file an eviction action against him for non-payment of rent; alternately (or if he does pay, since if a tenant pays in full prior to court, he can't be evicted for nonpayment), if there is only an oral agreement, he is a month-to-month tenant--therefore, you may give him 30 days notice terminating his tenancy, then file an eviction action if he does not go. Remember: all evictions must be through the courts.

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