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Have a son who is 21 years old his name is on the lease

Have a son who...

Have a son who is 21 years old his name is ***** ***** lease because at the time of renting the property my son was 18. He does not contribute to paying the rent ,however he has helped pay the water or electric bill from time to time. I have asked him to leave because he needs to be on his own. How do I go about this?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Forney TX

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Do you mean has he damaged the property, yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will I have to pay the lawyer

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Answered in 2 minutes by:
2/22/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,609
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Is he listed as a tenant along with you or is he listed as an occupant?

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Are you under a fixed term lease or is it month to month now?

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thanks

Barrister

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Customer reply replied 5 months ago
as an occupant and year to year

Ok, if he is an occupant, not a tenant along with you, then you can evict him from the property once you properly terminate his tenancy because you are legally his landlord and he is your subtenant. If he was a tenant who signed the lease, then you are stuck with him until the lease renews and you would want to renew by yourself...

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You would have to give him a written 30 day notice to vacate signed by you, keep a copy. Then if he doesn't move out, you can pursue a formal eviction through the courts.

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More to come...

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You are the landlord here and he is the tenant so you need to give him notice which has to be done by certified mail with return receipt requested or hand delivered to him with a witness who could testify on your behalf that he was personally given the notice. The other option is to have a sheriff or constable serve the 30 day notice.

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If he fails to vacate the premises within the time allowed you would proceed to filing the suit. In Texas, eviction suits must be filed in the county and precinct where the rental property is located. The landlord (i.e. you) 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 (i.e. him).

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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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thanks

Barrister

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Customer reply replied 5 months ago
Thanks for all of your advice

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,609
Experience: Attorney over 17 years, landlord 26 years
Verified
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