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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111468
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My boyfriend will not move out if my home. He threatens to

Customer Question

My boyfriend will not move out of my home. He threatens to tell police I have attacked him if I call them. He is crazy as this is not true. I am a licensed nursing home administrator and an assault charge would bar me from renewing my license. This is my livelihood that feeds me and has fed him for the last 2 years. He is always calling a family member telling then he has to protect himself from me. He is crazy because I haven't touched him. Told him to move out again after I found his Facebook status to be single and he has been just absolutely hateful in what he says. I would have already left but it's my house. My name is ***** ***** one on the mortgage and I pay the bills. Help. He is crazy.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First, he needs actual evidence that you attacked him in order to have you charged, or more importantly convicted. Without any physical evidence, all there would be is his word against your word. Second, you have the right to make audio recordings of your conversations with him without his consent, as Texas only requires one party to a conversation to consent to the recording and as long as you are a participant in the conversation you may record it. Those recordings can be used in any court to prove he is making threats of retaliation for you evicting him.

Finally, to get him out of your house, you need to give him a 3 day notice in writing to leave for non-payment of rent, like you would do with any other tenant. Once you give him written notice, the next step is you would file a suit for eviction in the local court and serve him the suit and the court will order him removed from your residence. It is your home, you own it, the court will not allow him to remain there against your wishes.

Furthermore, I strongly urge you to use a local attorney to evict him and send him the notice to vacate. Using an attorney prevents him from bullying you further and it significantly increases your chances of success in such an emotionally charged situation.

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