If I’m renting to my son and his family, how can I get them out if they’ve stop paying rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.