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FamilyAttorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 1422
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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Had a guest stay for a few times was a veteran in crisis.

Customer Question

Had a guest stay for a few times was a veteran in crisis. After a couple days guest started talking about burner phones and drugs. Gave two days to leave has been staying less than week. I am staying at family's. I think he hasn't left several people have said to call the cops what is the quickest legal way to get him out he moved a pile of clothes in but hasn't had any mail there. Has paid no money, actually borrowed money and then wanted more.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 9 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, etc. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

Expert:  FamilyAttorney replied 9 months ago.

I'm sorry your guest is taking advantage of you like that. I'm sure you explained to the guest that he can't use drugs, etc. In any event, this is a breach of the lease. You're in luck because TX law helps you.

You are actually considered his landlord even though he started out as a guest, and even guests have rights. However, breach of lease evictions are quicker. Do you know if he actually used drugs there? Do you have any witnesses, and did anyone call the police?

Customer: replied 9 months ago.

Called the police non emergency line. They said that since I allowed into home to start eviction proceedings.

Expert:  FamilyAttorney replied 9 months ago.

Right, you do have to start eviction proceedings, and the notice is quick. However, he may know how to play the system and stretch it out a bit. I'm just asking if you have any witnesses to his behavior so that you can prove he breached the lease.

Expert:  FamilyAttorney replied 9 months ago.

It's not enough that he was "going to" use drugs -- he would have had to use them and you would need a witness to that unless you know for yourself or unless he admitted it to you. If he admitted it to someone else, you would need them as a witness.

Expert:  FamilyAttorney replied 9 months ago.

This is what you have to do. You, as landlord, can give a tenant an eviction notice, or Notice to Vacate, as soon as the landlord (you) discovers the tenant has violated part of the lease agreement. The Notice to Vacate requires the tenant to move out of the premises within three days. The three-day time period begins on the date the notice is posted or given to the tenant, and weekends and holidays are included in this time frame. Even if the tenant fixes the lease violation, such as getting rid of a pet when pets are not allowed in the rental unit, the landlord can still proceed with the eviction lawsuit in Texas.

Then if he does not vacate, you would need to bring this into court but it can brought in quickly. You will want to have a landlord-tenant attorney for that (preferably a landlord's attorney) to help you bring your case. It has to be done correctly otherwise it will have to be started from the beginning. I can find landlord-tenant lawyers for you in your area if you let me know what major city you are near.

Expert:  FamilyAttorney replied 9 months ago.

Do you need names of lawyers? Just let me know. I want to help you.

Does this answer your question?

Expert:  FamilyAttorney replied 9 months ago.

I can answer additional questions for you if you'd like based on this one.

Let me know if you have any more questions as I am happy to answer them.

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Expert:  FamilyAttorney replied 9 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!


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