o
legal

Legal Fairness for All

Providing Access to Affordable Legal Help Since 2002

Our mission is and always has been to put people in touch with an affordable, reputable lawyer when they need one. We are an affiliate and may be compensated for doing so.

o
o

How to Evict a Boyfriend in Texas

It all probably started out well enough. You and your boyfriend decided to become roommates 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 your boyfriend to leave. Except he doesn't want to go. So now what? How do you evict a boyfriend in Texas?

o
o

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.

o
o

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

Is Your Boyfriend on the Lease?

If your boyfriend is on the lease with you, then you have no authority to kick him out. That authority lies directly with the landlord, 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 your boyfriend is threatening you or is violent toward you. If this is the case, then you can get a restraining order and your boyfriend must leave immediately.

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

Now What?

Unfortunately, if you live in Texas, then your options are limited if your boyfriend is on the lease. You can try asking him or vacate, but this doesn't always work and can lead to more conflict.

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

Examples include your boyfriend having loud parties that keep you from getting your work done if you work at home or your boyfriend not paying his share of the utilities.

renters rights

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

You can try talking to your landlord to see if he can get your boyfriend to budge, 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 if you can show the landlord that your boyfriend is 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.

You have to be careful, though, because your boyfriend could claim that the dog belongs to both of you and your landlord could decide to evict you and your boyfriend both. In Texas, this is particularly true if your 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.

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

legal

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

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

Things You Cannot Do with Regard to a Texas Boyfriend/Roommate

No matter how much you want your boyfriend to leave, there are things that the state of Texas says you cannot legally do to make him vacate the home.

For example, you cannot threaten him. You cannot change the locks. You cannot take your boyfriend's personal property. If you do, you may be looking at criminal charges. No boyfriend is worth that.

Is Your Boyfriend Not on the Lease?

If your boyfriend is not on the lease then you have more options for getting rid of him.

Be careful here, though. If your boyfriendis not on the lease because he came to stay with you without your landlord knowing, then you might be the one breaking the lease terms and end up facing eviction.

o
o

If, though, you have a boyfriend roommate with your 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 you can evict your boyfriend.

In Texas, there are, though, rules to follow. The state requires that you give your boyfriend a Notice to Vacate. If you are kicking your boyfriend out for non-payment of rent or non-compliance, then you only have to give him three days notice to move out. For most other reasons you must give your boyfriend 30 days notice to leave.

o
o

You must put the Notice to Vacate (eviction notice) in writing and send a certified copy via mail to your boyfriend. Keep a copy for your records.

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

When you do this, be prepared to state your case clearly. Present any and all documentation you have. Also be prepared to be stuck with your boyfriend as a roommate and have to pay his legal costs if you lose the case.

If your landlord is aware of your boyfriend living with you and you are on good terms with your landlord, then you might ask your landlord to help you evict your boyfriend. The downside with this that is your landlord - even a tolerant one - might just decide to evict you and your boyfriend and start fresh with new tenants. He would have legal grounds to do so if your boyfriend is not on the lease because you have broken the lease by having the illegal tenant.

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, you have decided that you have no choice but to evict your boyfriend, then it is a good idea to talk to an experienced Texas eviction attorney before proceeding. One small misstep could mean that you are the one having to look for a new home.

o
o


o
o

Legal Fairness for All | Copyright (c) 2002-2022. All rights reserved.

The content provided on this site is informational only. It is not legal advice from a lawyer, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Users of this website should contact an attorney to obtain advice with regard to any specific legal issue.

o