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Do I Legally Have to Evict My Father in Law if He Won't Leave

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  • 12-21-2009, 03:51 PM
    kbates120806
    Do I Legally Have to Evict My Father in Law if He Won't Leave
    My question involves a roommate in the State of: Texas
    My father in law got paroled from prison in February. He has over stayed his welcome, but hubby is too nice to tell his Dad to leave. He has other family he can stay with. Father in law pays no rent, no bills, and is trashy. He offers no money in buying groceries, either. He doesn't clean up after himself, and is disrespectful in most any way you can think of. Since he pays nothing here, he can buy all the beer (which is illegal for him to drink on parole for DWI) and cigarettes he wants for his buddies in another town. He frequently goes out of state, but supposedly the P.O. told him he could. My husband is leaving the country on January 2 and will be gone for a year. Father in law has no plans to move out. :wallbang: I have a feeling it may come to me having to legally kick him out. I don't want to immediately tell him he's being evicted, but I want to know the basics if it comes to that.
  • 12-22-2009, 04:53 AM
    LawResearcherMissy
    Re: Do I Legally Have to Evict My Father in Law if He Won't Leave
    You will have to legally evict him.

    You can read about the procedure here and here.
  • 12-22-2009, 01:50 PM
    kbates120806
    Re: Do I Legally Have to Evict My Father in Law if He Won't Leave
    Quote:

    Quoting LawResearcherMissy
    View Post
    You will have to legally evict him.

    You can read about the procedure here and here.

    I would have to evict him even if there is no rent paid, or a rental agreement? All we were trying to do was help him out for a few months, and now he won't leave. I'm sure he's lived here long enough for me to have to evict him though. I'm not sure how it would need to be worded when evicting someone who doesn't pay rent, though. The reasons for eviction that I've seen are things like: non-payment of rent, damage to property, etc. We just want him to leave. I hope it doesn't come to that, but I want to have it already typed up if I need it.
  • 12-22-2009, 02:25 PM
    LawResearcherMissy
    Re: Do I Legally Have to Evict My Father in Law if He Won't Leave
    Quote:

    I would have to evict him even if there is no rent paid, or a rental agreement?
    Yup. By allowing him to stay for so long, you've created an implied lease agreement.

    Fortunately, it's a month to month tenancy and can be terminated by either party with at least 30 days written notice that you are terminating the tenancy - so if you want him out by the end of January, you need to give him written notice to vacate January 1 at the very latest. (I would suggest giving it to him a few days before.)

    You needn't have a reason other than "I want him out" to terminate a monthly tenancy.

    The notice should include your full name, his full name, the date you are giving it to him, an explicit statement that you are terminating his tenancy, and the date he must be out by.

    If he fails to leave by then, you'll have to start the formal eviction process through the courts.
  • 12-23-2009, 03:09 PM
    kbates120806
    Re: Do I Legally Have to Evict My Father in Law if He Won't Leave
    Okay that's what I wasn't sure of. I didn't know about the implied lease agreement. I will get one typed up and have it on hand in case he doesn't go quietly. Thank you!
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