If I’m renting to my son and his family, how can I get them out if they’ve stop paying rent?

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If I’m renting to my son and his family, how can I get them out if they’ve stop paying rent?

It’s been a little over a year and they are 3 going on 4 months behind in paying their monthly rent of $200. I’ve called the police but was told because I let them move in, I can’t kick them out. So what legal action must I take?

Asked on December 2, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are renting to your son and his family, he is a tenant. You are the landlord now and cannot simply kick them out. You must give them a pay or quit notice per your state's statutory mandates and then if they still don't pay, you must initiate eviction proceedings through your landlord tenant court in your county/city and then continue with that process, which usually requires notice to the tenants, the tenants can file a response, then the court sends out a court date, there is a hearing and then depending on what occurs at the hearing, there is a verdict of what will happen. Once you receive your court ordered eviction order, you then can get the proper documentation signed and give to the sheriff's department for escorting them off the property after they have been served and if they don't move out.


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