My 24 yr old son has caused damages in my home for quite a few years, not worked a lot of the time since graduation. This past Friday I had to call the police because he was drunk and threatening bodily harm and kill my husband which is his step father and owner of the home. He will not leave and we were informed by the officers that we had to evict him. I live in Irving Texas, which is Dallas county. Do I have to file a court ordered eviction?

Its treated like any other month to month tenancy, You give him 30 days notice in writing... in 30 days if he has not left you go to court to have the eviction enforced... at that time the Sherrifs will be there to have his stuff and him physicallt removed from the house at which time you could and it would be wise to change all the locks on the house.

I'd pick up a digital recorder (or use your cell phone) the next time he does this... would help to get a restraining order or have him arrested if he does it again before then. YOU don't HAVE to be subjected to threats and abuse in your own home.

The police were correct. He is a resident of the house and as such enjoys the full rights of any tenant. That means you have to give him 30 days written notice to vacate. If he does not vacate after the 30 days, you have to go to court for an eviction order. A court hearing will be held at which time the eviction order will be signed. If he still doesn't leave, you can hire a sheriff to physically remove him.

However, if he has become violent and you feel threatened then you could try to get a restraining order against him. This will force him out sooner.

Do your best to get him arrested the next time anything remotely this bad occurs. A guy I worked with ended up with an axe planted in his forehead and it was his own son that murdered him, let alone a step son. These sorts of episodes often end very badly. This is a very bad scene.
Even if you have to stretch the truth a bit (and do as smoothy suggested, recordings etc, as much documentation as possible) and get this clown in jail. Don't underestimate what this may progress into- and be prepared to protect yourselves.