My daughter has a live in boyfriend (60 days+). The apartment she lives in is in her name on the lease. She has asked him to leave repeatedly, he refuses. She has called the Houston, Texas police and they refuse to get involved. What are her rights and remedies?
2006-12-29 01:01:48 · 8 answers · asked by T W 1 in Politics & Government ➔ Law & Ethics
She needs to file for eviction for him. She should contact the county she lives in for assistance on how to do that/where to go. Once she has the eviction order, the police can help her serve it. But warning, they'll likely give him 30 days to get out. Doesn't matter if his name is on the lease or not, it's his residence under the law (because he has resided there). They won't kick him out the same day, but it will work to get him out of there at the end of the 30 days.
2006-12-29 01:12:24 · answer #1 · answered by glitterkittyy 7 · 0⤊ 0⤋
I would think that the police would be able to help in some way. She could contact the leasing office and see if there is anything that they could do to help, but she should be aware of what her lease states about tennants living on the premises who are not on the lease. She may be in violation of her own lease by allowing him to live there. If he is on the lease as a second renter then there is nothing that she can do. I would call the police again if I were here, but I believe in order for them to get involved she would have to press charges or file a restraining order. I think that the main reason that they are not getting involved is because she obviously invited him to live there and now all of a sudden she doesn't want him to. It's more of a personal domestic thing. I think her choices are limited to these.
2006-12-29 01:08:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I am from Virginia and had a similar situation w/ a roommate in the past. I was told that legally I couldn't just throw out the roommate if I had ever accepted money from her for rent. If you accept money for rent/utilities from someone living w/ you then that person is a "tenant"....if you have someone stay for a long period of time in your home but never pays for any rent/utilties then that person is only a "guest" and you can ask/force them to leave because they are "squatting".
I had to follow the legal process of filing eviction papers through the court which gave her 30 days to move out. Once she was served w/ those papers she could either leave right then or she had the right to finish out the 30 days. Those 30 days were a living hell...she actually stayed all 30 days just to be a pain, trash my house and make it harder for me to find another roommate prior to her leaving. I don't know what the laws are for tenants in Texas but I would check the laws/guideline prior to doing anything. When two people live together and share the financial responsibility of rent you have to treat one another as "tenants".
Hope this helped.
2006-12-29 01:15:39 · answer #3 · answered by Jackie B 1 · 0⤊ 0⤋
She needs to do the following:
1. Send a registered letter return receipt to the bf. In the letter give him 7 days notice to vacate the premises. State that after 7 days, as a non tenant, and non lease holder, he will be considered as illegally trespassing.
2. Keep a copy of the letter, and the return receipt.
3. On the 7th day, if he hasnt vacated the premises, first visit the apartment manager, show the letter, and request th lock be changed. She will have to pay for that. Then go to the police station, (do not call) and explain the situation. Ask them for a contact name and number, should you encounter resistance when he returns to her home.
2006-12-29 01:11:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well she has to go to court and file for an eviction she let him move in and it was 2 months ago,as far as the police are concerned wether or not he is on the lease his belongings are still there, so he legally lives there.If she removes his belongings without following the proper procedures she can be held liable for his things,and be sued,so its cheaper to go to court and file for eveiction.
2006-12-29 01:31:29 · answer #5 · answered by Mary O 6 · 0⤊ 0⤋
She can serve him with an eviction notice, the Sheriffs Department takes care of that for a fee, if he does not leave, he will be escorted out by the Police.
2006-12-29 01:17:08 · answer #6 · answered by mimi 4 · 0⤊ 0⤋
Ask her to bypass away good and tell her the region isn't understanding. If she refuses to bypass away, think ofyou've have been given to convey her to courtroom with your landlord optimistically on your part. considering the fact that she is on the settee, i assume that the lease invoice isn't in her call. i might replace all the utilities that are in her call on your very own and enable her bypass away asap. so a techniques as getting any back money, good success with that. interior the bigger image, if she isn't paying now there is little threat she would be waiting to later. Legally, whoever's call is on the charges can sue her in small claims courtroom.
2016-11-24 22:43:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Who is paying the rent? She can talk to the landlord for assistance.
2006-12-29 01:05:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋