tenant i need out of my house

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tenant i need out of my house

i have ahouse i rent rooms out of i allowed an old friend to live there for 1 month now he says i have to evict him to leave.i have another person who will sign a lease for a shared room.can i move him into the same room as this person i want out.it is large enuff to comply with the occupancy laws of this city

Asked on May 22, 2009 under Real Estate Law, Texas

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First because you do not mention the city you live in I cannot address the occupancy laws. You can look them up or call a local attorney who should be able to provide them relatively easily.

As for your friend did you have a lease with him? If there is no lease than he has no leagl right to live on the property. He would actually be trespassing f you make it clear to him that he is not welcome on the property and must leave. Without a lease if he refuses you can and should call the police to handle it for you

If you want him to stay you need to look into the occupancy laws and see if both parties will agree. If he has a lease and you still want him to leave you can bring eviction proceedings but i sense that isn't what you want to do

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to talk to a local real estate lawyer about this.  I would recommend that in any case, and if you have local city occupancy laws, that is an extra reason to do it.  One place you can look for a qualified attorney is our website, http://attorneypages.com

If you allow someone to live in your place, or a room in your place, without rent, then there might not be a landlord-tenant relationship and that would mean the eviction laws don't apply.  There are usually different rules for boarders, who have a room instead of a full dwelling unit (bathroom and kitchen of their own), and sometimes for owner-occupied buildings as well, if you live there too.

For advice you can rely on, you need to talk to an attorney and let him or her know all the unique facts of your case.


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