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jeanniekl · Mar 12, 2007, 07:27 AM

I have been living with a guy for almost 4 years. I am breaking it off with him and told him to leave but he won't. What rights do I have? The house I live in is an inheritance from my parents and in my name only. My boyfriend has worked maybe 6 months out of the whole 4 years we have been together. He disappears for days at a time and then comes home like he has done nothing wrong. I live in Texas. What can I do?

ScottGem · Mar 12, 2007, 07:46 AM

If he has never paid a rental to you then he is a trespasser. Tell him to move out by x date or you will take legal action against him. If he doesn't move, then when next he leaves the house, change the locks, pack up his things and put them in a storage facility (open it in his name). When he returns hand him the key to the facilty and the paperwork and say bye.

excon · Mar 12, 2007, 07:46 AM

Hello jean:

When the law peers into a private home, there are only four categories of people they see; 1) owner, 2) tenant, 3) houseguest, 4) trespasser.

He ain't none of the first three. Put his stuff on the curb and change the locks. I'd let the local cops know what you're doing too. If he refuses to leave, they might even help.

However, if he has ANY receipts for rent, or if ANY utility is in his name, or if your local cops are LAZY, he might be considered a tenant, and you'd have to evict him according to the landlord/tenant law of your state.

However, the law notwithstanding, if you put his stuff on the curb and changed the locks, the WORST you'd be guilty of is wrongful eviction. That's a civil offense and he'd have to sue you in order to prevail. I don't think he's going to do that.

excon

s_cianci · Mar 12, 2007, 07:25 PM

Have him served with an eviction notice. Then he has 30 days to get out.

ScottGem · Mar 13, 2007, 05:51 AM

You don't "evict" someone who is not a tenant.