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My wife and I rent an apartment in Texas. We have an adult…

Customer Question
My wife and I...

My wife and I rent an apartment in Texas. We have an adult son who has addiction issues, as well as being bi-polar. Lately he has been getting drunk, using drugs, and stealing from us, as well as being abusive. he is not on our lease. How can we have him removed, or evicted?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No paperwork. he has been arrested for physically assaulting me, and was taken to a phyychiatric hospital by the police last week. He was released yesterday.

Lawyer's Assistant: Have you talked to a TX lawyer about this?

No, npt til now

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/20/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 8,386
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm sorry to her about your situation. So, if your son has been staying with you, then TX law is going to consider him a tenant. If there is no written lease agreement, then he is going to be considered a month to month tenant. A month to month tenant can be evicted so long as there are thirty days notice in writing given to them. You should provide this to your son. You do not have to state that it is because he is using drugs or because of his mental condition. A month to month tenant can be evicted for just about any reason and does not need to be told the reason why. If he decides not to move after the 30 days, you can go to court in TX and sue him for eviction. The judge will likely enter an order in your favor, giving you the authority to have the sheriff's department or Texas Rangers remove him from the property.

What other questions did you have for me regarding this?

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