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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
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.