My brother in law has been staying with and my husband for three months and has not paid rent or bills. He is not on our lease and wasn't suppose to stay more than a few week.

Three months is enough to establish residence. To be on the safe side give him a written notice to vacate within 30 days. If he doesn't go to court or n eviction order.

I agree wiyh Scott IF you already asked him to leave and he refused. Evcition is somewhat lenghthy and unfriendly process on a relative. How does your husband feel about this issue, did he tell his brother to pack up?

My husband is in agreement with me and does not want him here anymore. His brother gets very belligerent when approached about anything. If this happens when I give him notice and the police along with the landlords, who live next door(duplex) get involved do we still need to give him 30 days or does it change things? I also thought that in the state of Texas that I could give him as little as 3 days notice or there was a way to give him 10 days? I don't really understand it all perhaps I'm not reading all the info properly which is why I have turned to just asking. Thank you for the last response.

A three day notice can be given if there is an agreement to pay rent that is not being paid. That doesn't appear to be the case here.

If he gets violent and the police need to be called, you can then ask for a restraining order which would, effectively, force him to be elsewhere.

I hope it doesn't turn to that. My 6 year daughter loves him and doesn't see any what happens I always make sure she is with family or school when we approach him about any thing.I now know what I have to do. Thank you for the information :)