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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86376
Experience:  Fully licensed attorney in Texas in private practice.
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I gave a homeless guy a place to live, he had no first month

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I gave a homeless guy a place to live, he had no first month rent or deposit, hes been here six months, we had an oral agreement. I served him eviction papers, and now he leaves the front door unlock at all times, me and my boys live in the home and hes breaking things in the room making it obivious we can hear it, can I get him out any sooner, stressed out.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me what state you are in, and, did you charge him rent, or allow him to live for free?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


first month I gave free and no deposit,,,,,an oral agreement , 350.00 a month , I have pets, so hes now leaving door unlock in my house and hes been having company in my house with out my permission when im at work,,,,,,,,,,,,im in florida,,,,,,,,,,,I gave him a place to live because he was living at the place of hope, through the church, I served him the 10 june and now hes getting nasty

Expert:  Ely replied 1 year ago.
Thank you for your reply.

Now understand that if you and her had a verbal agreement for a payable rent, and he is not paying, you only have to give him THREE DAYS to either pay, or leave. I am not sure why you gave him 30 days, but 3 days is all that you need to give him. If your 30 days was verbal, then you can override this by a 3 day notice in writing. See here for a sample (scroll down).

If he still does not leave in 3 days, you may file for an eviction (see here for a step by step) at your local courthouse. Once this is done, then the eviction is typically hard a week or 10 days after filing. If he has not moved out prior to the eviction hearing already (many do), the Court will order him out at the eviction. If he still does not move out, then you can get a Writ and have him removed by the authorities. An attorney can help you with the eviction process for next to nothing - it is a very uncomplicated procedure when all is said and done.

Alternatively, you can file a restraining order on him if he has threatened you and/or your children and/or your pets and ask the Court to demand that he leave the home "temporarily" - immediately. The police will help him leave then, if he does not. See here. Once he leaves, then someone in your situation may take his belongings and place them into storage, giver him access to it if he wants, and change the locks. In essence, you would have evicted him "per se" informally. If he tries to come in again after the restraining order is over, he can be arrested for trespassing.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86376
Experience: Fully licensed attorney in Texas in private practice.
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