How can I evict my boyfriend?

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How can I evict my boyfriend?

My father owns mobile home I have lived there 11 years. My boyfriend moved in 1 year ago. He is not on the lease with the mobile home park, not kept a job, never paid any billls. I have totally supported him – food, gas, clothing, cigarettes, etc. He has only partied on any money he earned. He is violent and has disturbed all the neighbors. Police can’t help unless he beats me.

Asked on March 19, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he is not on a lease (including that does not have a lease with you or your father) and does not pay rent, he is not a tenant--he is a guest. A guest can only remain so long as the person with possession of the property (e.g. your father, as the owner; or you, as the tenant, if you rent from your father) allows him. That permission may be withdrawn at any time, and once it is withdrawn, your boyfriend would have to leave--if he does  not, he would technically be a trespasser and the police should held remove him.

Therefore, the first thing to try is that your father, as owner, if you do not rent from him, or you, as tenant, if you actually rent from your father, should tell your boyfriend to leave, then call the police if he does not.

Sometimes the police are unwilling to do their job in this situation--they are worried that the guest actually is a tenant or part owner or has some other right to remain. If the police will not help, then, since there is no written lease, you may be able to treat your boyfriend as a month to month tenant on an oral lease, which means you could give him 30 days notice terminating his tenancy, then bring an eviction action if he does not.


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