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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been living with my boyfriend

Customer Question

I have been living with my boyfriend for 9 years. I was unable to help with expenses until Jan,2014, and have been helping with an agreed- upon amount since then. Yesterday, he said he filed an eviction notice on me!! I have nowhere to go!! Can he do this to me??
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this. Can you tell me:
1) What state is this in, and
2) Did he give you a written notice before filing for an eviction?
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.
In Dallas, TX
No written notice.
We have been a couple since March, 2003.
Expert:  Ely replied 1 year ago.
Thank you.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
You are what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner. This is true even if you have helped out with finances.
A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, you have to be evicted like a tenant who has not paid rent.
Under Tex. Prop. Code Sec. 24.005, he has to give you THREE DAYS notice prior to filing for an eviction. So what someone in your situation can do is in your defense, argue that no 3 day notice was given.
This may buy you TIME, but that is about it. Other than that, he has the right to ask you to leave. I am sorry.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Expert:  Ely replied 1 year ago.
PS - if your AGREED AMOUNT means a FIXED SUM every week/month, then this is different - please reply and let me know if so!
Customer: replied 1 year ago.
I just need to discuss my fee!!! I agreed to $36.00, not $52.00!! Please adjust my charges accordingly.....
Customer: replied 1 year ago.
Otherwise, I do not need a phone call. Thanks.
Expert:  Ely replied 1 year ago.
Hello,
I am not in charge of billing and in fact have no access to it, although this can be easily rectified by calling the customer service line at 1.***-***-****.
Let me know if you need anything else, please. PS - if your AGREED AMOUNT means a FIXED SUM every week/month, then this is different - please reply and let me know if so!
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
I DO NOT want a monthly service!! I only needed an answer to the one question. I'm about to be put out of my home; do not need to spend more money!!
Expert:  Ely replied 1 year ago.
Hello,
Okay. I will let customer service know. Keep in mind I am not in charge of any billing and have no access to it, but I can pass on a message and will do so.
Good luck, and please do not forget to rate positively and submit. Thank you.

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