If my boyfriend moved in with me a few months ago and now I want him to leave but he refuses, what can I do?

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If my boyfriend moved in with me a few months ago and now I want him to leave but he refuses, what can I do?

We broke up 3 months ago. He stopped paying the bills and he refuses to leave. I gave him a 30 day notice a month ago. Can I call the police to have him escorted off the property?

Asked on October 21, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, the police will not remove him. You need to evict him (if he had been a tenant) or eject him (if he had been a guest). If he'd been paying rent (even indirectly, such as paying utilities), he was a tenant; as a tenant, you could either evict him for nonpayment of the rent he was supposed to pay, or, if there was no written lease, give him the 30 day notice terminating his tenancy, as you have done, then file an eviction action if he does not leave.

If had been a guest (no rent) you would file an ejectment action (similar to eviction) but did not need to provide 30 days notice--guests may be made to leave at any time.

In either event, if you had provided 30 days notice a month ago, you should be able to file an eviction or ejectment action now. That is the only way to get him out--file an action, get a judgment of possession from the court, then have a court officer (e.g. constable or sheriff's deputy), not the police, remove him.


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