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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?

 

Ask a Landlord/Tenant Expert from Texas Now!

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.

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.