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How to Evict a Boyfriend in Texas

It usually starts out well enough. A boyfriend moved in to share expenses or because he needed a place to stay. Things were fine for awhile, but after time, they started to go downhill and now it's time for the boyfriend to leave. Except he doesn't want to go. So now what? How is a boyfriend evicted in Texas?


Evicting a Texas Boyfriend is Complicated

As living expenses rise, more couples are living together as a way to save money. As a result, more people are discovering that living with a boyfriend is not all it's cracked up to be. Some boyfriends want to party all night.


Others think that house rules apply to everyone but them. In Texas, though, getting rid of a boyfriend depends on a number of factors.

Is the Boyfriend on the Lease?

If the boyfriend is on the lease, then the landlord is the only one with the authority to throw him out, but even a landlord needs a legally valid reason to throw someone out if that person is on the lease. These reasons usually include not paying rent, using the home for illegal purposes or otherwise breaking the terms of the lease in some way.

The exception to this is if a boyfriend is threatening or violent toward anyone in the home. If this is the case, then the court can issue a restraining order and the boyfriend must leave immediately.

It's worth remembering that a boyfriend on the lease is actually a co-tenant and has much right to live in the rental space as anyone else on the lease.

Now What?

Unfortunately for people who live in Texas, options are limited if a boyfriend is on the lease. Asking him to leave is an option, but this doesn't always work and can lead to more conflict.

If the boyfriend signed an agreement outlining rules of the house, everything from noise limits to cleaning duties and he breaks the agreement, then he probably cannot be evicted but he can be sued for damages in small claims court (Justice of the Peace Court).

Examples might include a boyfriend having loud parties that keep others in the home from getting work done or a boyfriend not paying his share of the utilities.

renters rights

While these situations could be grounds for suing, the risk is that suing may anger the boyfriend but not enough to make him move out.

Talking to the landlord to see if he can get the boyfriend to budge is an option, but most landlords are content to leave things alone as long as they are getting their rent and their property is not being damaged.

An exception would be the landlord seeing the boyfriend breaking the lease in some way, such as selling drugs from the home (illegal use of the property) or has a dog when pets are specifically forbidden in the lease.

This is tricky, though, because the boyfriend could claim that the dog belongs to everyone in the home and the landlord could decide to evict everyone all at once. In Texas, this is particularly true if a lease has a joint and/or several liability clause, which essentially means that all the tenants on a lease can be held responsible for what other tenants do.

The landlord might be a reasonable person (or corporation), though, and decide to evict only the boyfriend. If this is the case, it will take time. The landlord must follow the law, which involves giving a boyfriend notice of the eviction and time to remedy the situation.


For example, if the grounds for the eviction are that the boyfriend has a dog and pets are forbidden according to the lease, then the landlord has to give the boyfriend adequate time to find the animal a new home. If the boyfriend does this, then he cannot be evicted. He can stay in the home and chances are he will not be a happy camper.

It is possible, too, that the boyfriend may just ignore the eviction notice and decide to stay in the home. In this case, the landlord will have to go to court to ask a judge to tell the boyfriend to go. If the judge agrees, then the sheriff will come to escort the boyfriend out of the property. If, though, the landlord loses in court, then the boyfriend can stay.

Things That Cannot Be Done with Regard to a Texas Boyfriend/Roommate

No matter how obnoxious a boyfriend is, there are things that the state of Texas says cannot be done to make him vacate the home.

For example, he cannot be threatened and locks cannot be changed so that he cannot access the property. His personal property cannot be stolen. If someone does these things, he or she be looking at criminal charges. No boyfriend is worth that.

Is the Boyfriend Not on the Lease?

If the boyfriend is not on the lease then there are more options for getting rid of him.

This can be tricky, too, though. If the boyfriendis not on the lease because he came to stay without the landlord knowing, then others in the home might be the ones breaking the lease terms and end up facing eviction.


If, though, the boyfriend is in the home with the landlord's express or implicit permission - many landlords will let a boyfriend stay in the home without signing the lease, or they will turn a blind eye to an extra tenant - then the boyfriend can be evicte.

In Texas, there are, though, rules to follow. The state requires that the boyfriend receive a Notice to Vacate. If the boyfriend is being kicked out for non-payment of rent or non-compliance, then he needs three days' notice to move out. For most other reasons he must be given 30 days' notice to leave. Please verify these timeframes with a Texas attorney as local eviction laws may change.


The Notice to Vacate (eviction notice) must be put in writing and a certified copy sent via mail to the boyfriend. A copy should be kept for records.

If the boyfriend ignores the eviction notice or thinks he has grounds to stay in the unit, then a petition for eviction must be filed with the Justice of the Peace Court. The boyfriend will have an opportunity to respond to the evicton notice, and then he and the person initiating the eviction will go to court to argue the case before a judge.

The case must be stated clearly and all relevant documentation must be presented. The evictor must also be prepared to be stuck with the boyfriend as a roommate and have to pay his legal costs if he wins the case.

If the landlord is aware of the boyfriend and is a decent sort, then he might help evict the boyfriend. The downside with this that is the landlord - even a tolerant one - might just decide to evict everyone and start fresh with new tenants. He would have legal grounds to do so if the boyfriend is not on the lease because this could be a violation of the lease terms.

Bottom Line

The bottom line is evicting a boyfriend in Texas is not easy. It is not easy anywhere, even for landlords with solid legal grounds. It is a complicated, contentious and often costly endeavor.

Get Help

Ask a Landlord/Tenant Expert from Texas Now!

If, though, it is time to evict a boyfriend, then it is a good idea to talk to an experienced Texas eviction attorney before proceeding. One small misstep could mean that the boyfriend is not the only one having to look for a new home.



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