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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55301
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I live with my boyfriend in an apartment that's rent free

Customer Question

I live with my boyfriend in an apartment that's rent free because he's the property manager. We've been together over 20 yrs on and off. My 20 year old daughter and 8 year old son are also in the residence. He wants us out. He said if I'm not out by the end of the month he will make my life hell and have his employer evict us. What are my rights? I have no money and I'm starting a job on about 2 weeks possibly 3. Not sure exactly.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good evening Jackie. My name is ***** ***** I look forward to helping you.

He's not going to be able to force you out by the end of the month. Even if you pay no rent, you are considered an "at will" tenant which is legally treated as a month to month tenant. As a a month to month tenant, he is going to be required to give you at least 30 days written notice to terminate this tenancy. Then, if you don't leave, the law does not allow him to forcibly evict evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, he cannot simply change the locks or throw your things out. Rather, what he has to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still haven't left, he must then file a petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can he have you evicted. That will buy you a good bit of time.

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