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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35844
Experience:  Attorney with 16 years experience
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I want to get my boyfriend and his son out of my house. The house was left to me by my mot

Customer Question

I want to get my boyfriend and his son out of my house. The house was left to me by my mother, but is still in her name. My BF has lived with me for 4 years, but does not help with anything. I pay all the bills, I take care the house and his 15 year old son, who is not even in school and goes through my son and my things and steals them. I have a lot of stress and headache with these two and he refuses to leave.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Is there any agreement for him to pay rent? (even if he isn't doing so)
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Were you already living there when he moved in?
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thanks
Barrister
Customer: replied 1 year ago.
No, there was no agreement on rent. Yes, I lived here before he moved in.
Customer: replied 1 year ago.
He did agree at one time that it would be best for him to leave and was supposedly looking for a place of his own, that was almost two years ago.
Expert:  Barrister replied 1 year ago.
Ok, you can't give him a 3 day if there was never any agreement to pay rent that he has breached. So you have to give him a written 30 day notice to vacate first and then if he doesn't move out, you have to evict him formally through the courts.
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If the tenant fails to vacate the premises within the time allowed the landlord (i.e. you) proceeds to filing the suit. In Texas, eviction suits must be filed in the county and precinct where the rental property is located. The landlord needs to complete the forcible detainer (eviction) FD form for Texas, which needs to be notarized either before the landlord gets to court or the Court Clerks can notarize it when they get there. When the landlord files the FD form, they will need a copy of the notice to vacate letter that they issued to the tenant.
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Filing the suit consists of filing a forcible detainer petition with the Court and paying the court cost, which changes so check with the courts before filing. The court costs pays for the filing of the suit, the court hearing and the Constable fees for serving the FD to the tenant.
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After all the legal filings the Court will issue a court date, the landlord must come to court ready to prove their case.
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If the landlord wins the suit in Court and the mandatory five (5) day appeal period is over and the tenant is still occupying the property then the landlord has to file a Writ of Possession. A writ of possession is a court order given to the Constable to remove all tenants and their property from the rental property. The Constables then posts a notice along with the writ of possession that all occupants of the rental property has 24 hours to vacate voluntarily or be physically evicted.
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The whole eviction process can take about 40 days from start to finish and I would opine that if you pay someone to do it, it would likely cost $200-400, not including filing fees, which vary from county to county, but are usually around $100.
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thanks
Barrister