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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30167
Experience:  JA Mentor
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My girlfriend and I have lived together year. We have no

Customer Question

My girlfriend and I have lived together for a year. We have no formal/written lease agreement and all utilities are in my name. I have owned the home for over two years. We live in Texas. She notified me today that she is moving out to be with her children's father. I have it documented that he has threatened me multiple times. I am trying to avoid any lawsuut. She has already damaged the home which I've documented as well. My questions are 1: Can I evicte her today. 2: How do I insure that he will not enter my property and what are my legal options if he does.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Your girlfriend is legally considered your tenant, which means she's entitled to 30 days notice before being asked to leave. Once she's out, you can sue for the cost of repairing any damage to the property, but unless she's trying to actually destroy it (things like knocking down walls, smashing windows, putting holes in the floor), that's not grounds to get her out immediately. And in that scenario, you'd have to go to court, file for eviction, and get a court date, so it could still take a couple of weeks. A landlord is never allowed to just put a tenant out on the streets without a court order, even when you're both living there and even though it's your house.

As long as your girlfriend is still living in your house, she has a right to invite guests over. You can only require him to leave if he gets threatening or violent with you. The two of you have equal rights to invite people over - she can't make your guests leave or refuse to let them in, and you can't, either. The only exception would be if you went and got a restraining order against him, which means that you'd have to press criminal charges. It IS a crime to threaten someone with immediate physical harm when it appears that they have the ability to carry out the threat. Tex. Penal Code, Section 22.01.

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