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dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 6009
Experience:  Juris Doctorate Degree
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Can I kick someone out of my house if I am the ...

Customer Question

Can I kick someone out of my house if I am the only one on the lease and I don't want a boy friend living there anymore. I have three kids and he drinks heavily and is not a good influence. State is Texas
Submitted: 9 years ago.
Category: Legal
Expert:  dkennedy replied 9 years ago.


Yes, you can kick the boyfriend out legally. Getting him out physically is sometimes more difficult. I would wait until he goes out and pack up all his things (all of them, keeping some for spite only makes this get ugly) then take his things to a relatives or friend of his, or set out on the front porch or in your garage. Notify the landlord that you are changing the locks--give your landlord an extra key. Then do not let him come back or he will soon be in again.

If that method does not work, you might have to go to court with eviction proceedings. You could ask your landlord to do this for you. You might also let him know that if he comes on the property again, you will consider this to be trespassing.

I hope I have answered your question. If so, click Accept so that I can get credit for my work. Feedback is also appreciated.

dkennedy and 7 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Darren Kennedy's Post: This is contrary to what law enforcement is saying. They are saying very clearly to not do what you are saying, but to get a Kick Out Order. I just do not know how to do that. This will get very ugly and very violent if I do what you suggest.
Expert:  dkennedy replied 9 years ago.


Law enforcement often has this opinion. The fact of the matter is, that is your residence. You kindly let him live there until now. You do not want him there any longer. It is your call. You do not have to let him stay.

However, if it will get violent and ugly, then it very likely has been violent and ugly before this. You need to get a protective order which will get him out and keep him out. If a person is violent and mean, a "kick out order" isn't going to make him any happier than packing his things when he is gone. This is not an easy situation. I have provided a link to an article telling about such orders.

Protective Orders

A protective order is intended to prevent family violence by a member of a family or household (or former member of the household) by another member of the household that is intended to result in: * Physical harm, bodily injury or assault OR *A threat that reasonably places the member in fear of imminent physical harm, bodily injury or assault, excluding reasonable discipline of a child by a person having that duty OR * Abuse towards a child of the family or household.

A "Family" includes spouses, former spouses, brothers, sisters including those related by blood or marriage, biological parents of the same child without regard to marriage, a foster child and foster parents whether or not those individuals reside together.

A "Household" is a unit composed of persons living together in the same dwelling whether or not they are related to each other.

Contact the County DA's office in order to apply for such an order.

If you want to go ahead with the "kick out order" talk to your landlord, or just go to the courthouse and ask for the forms to proceed.

Customer: replied 9 years ago.
Reply to Darren Kennedy's Post: Can't find your link.
Customer: replied 9 years ago.
I would really appreciate the link you spoke of, but I will accept your help now.

Expert:  dkennedy replied 9 years ago.

Hello again,

Sorry. Here's the link.

Let me know if you cannot get into this info.