How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99465
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I need to evict my son how do I proceed, texas, No, he's

Customer Question

I need to evict my son how do I proceed
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: he's addicted to drugs, he's alcohol dependent, he's unemployed, he has a pending court date for battery of his wife, he violated his court ordered NC order. He's scary
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: Texas
Submitted: 2 months ago.
Category: Family Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only 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.

I am sorry to hear about this situation. I am going to assume that you never had a verbal or written agreement with your son to pay rent AND his name is ***** ***** the title but yours is. If so, then, he is 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.

He can be evicted at will of the ower. If after the quick eviction hearing he still does not leave, then, one can get a Writ and have the authorities forcibly relocate him.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give him 3 DAY NOTICE notice to leave and if he does not;
2) Evict him as though you would a tenant; and
3) Have the authorities remove him by force if he still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed. Step by step on how to file eviction is HERE.

Good luck.

I hope this helps and clarifies. Please 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 TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. 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 with a positive rating.

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

Related Family Law Questions