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IWHO · Apr 29, 2009, 07:11 PM

I have an unwanted roommate who does NOT pay ANY type of expenses except a few of his own personal needs. He is NOT on my lease and my landlord does not know about him. I live in Texas. I invited him here because we were friends and he was kicked out of his last place of stay by those tenants. Now, I can't stand him and want him out but he is broke and says he can't move until he finds a job, but he doesn't seem to be looking very hard. I have paid ALL his expenses, and I mean ALL, clothes, food, gas, cash, etc... a victim of a con-man I believe, though I hate to admit that... If I said the landlord found out that he was here and was going to charge me more rent, is that even possible? Or if I call the police and tell them that he has over-stayed his welcome, what kind of places are available for a person to go with their belongings and a cat? I don't think he has a way to move his furniture out. HELP!! This guy has been using me for my money and now I am broke... He DOES have some mail forwarded here and to my po box, will that count against me? He does NOT have forwarding documents set up by the USPS because he is hiding from creditors (I just found that out)... and has absolutely no connections on ANY type of accounts with my address... IF I can get him to leave, where can he go?

excon · Apr 30, 2009, 07:08 AM

Hello I:

He'll go on the street which is where people who have no money, no job, no prospects and no family go. If that bothers you, don't evict him. If it doesn't, go to court and file for a eviction.

excon

ScottGem · Apr 30, 2009, 07:27 AM

The fact is that he has established residency. Therefore he must be evicted according to local laws.

This person has been taking advantage of you so why should you care what happens to him? The police won't do anything so forget them.

TODAY hand him a written notice telling him he needs to vacate the premises within 30 days. Add that, if he is still there after the deadline you will file for an eviction order.

If he hasn't moved, then the day after the deadline go to your local housing court and file. A hearing will be scheduled where he will have the opportunity to show why he shouldn't be evicted. I see no reason that the judge will allow so the order should be given. The order will give him a few more days to vacate. If he still hasn't left, you hire a sheriff to physically remove him and his belongings.

Double check the exact eviction process in your local housing court.

IWHO · May 3, 2009, 01:42 PM

Originally Posted by ScottGem

The fact is that he has established residency. Therefore he must be evicted according to local laws.

This person has been taking advantage of you so why should you care what happens to him? The police won't do anything so forget them.

TODAY hand him a written notice telling him he needs to vacate the premises within 30 days. Add that, if he is still there after the deadline you will file for an eviction order.

If he hasn't moved, then the day after the deadline go to your local housing court and file. A hearing will be scheduled where he will have the opportunity to show why he shouldn't be evicted. I see no reason that the judge will allow so the order should be given. The order will give him a few more days to vacate. If he still hasn't left, you hire a sheriff to physically remove him and his belongings.

Double check the exact eviction process in your local housing court.

I went to the local Sheriff's office who directed me to the Justice of the Peace. According to them, he is just a "houseguest" since he pays no rent. I have to give him a 3-day written notice that says he has to get out or that I will call the police. I gave him a 21 day notice. Can't help it. Hate to be the bad guy here. If at that time he is still here, I can call the police. The Court Administrator said if the Police say this is an "eviction", I am to tell them that "No, he does not pay rent." This is for Cameron County, Texas.

IWHO · May 3, 2009, 01:56 PM

[/QUOTE] Oh and surprisingly, he has begun to sell items I bought him and now has money to blow on wine/beer/a new air card/ a new cell phone/clothes/etc/etc/etc... Funny how these types of people always land on their feet anyway. I have no doubt he will NOT end up on the streets or in a shelter. But I DO know that as of May 22, 2009 he will be OUT of my life!. Woohoo!:D

ScottGem · May 3, 2009, 02:48 PM

I'm going to have to disagree with the JP. Following is the exact code found here:
PROPERTY CODEÂ Â CHAPTER 24. FORCIBLE ENTRY AND DETAINER

Sec. 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.
(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days' written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease. The tenant is considered to timely pay the rent under this subsection if, during the month of the foreclosure sale, the tenant pays the rent for that month to the landlord before receiving any notice that a foreclosure sale is scheduled during the month or pays the rent for that month to the foreclosing lienholder or the purchaser at foreclosure not later than the fifth day after the date of receipt of a written notice of the name and address of the purchaser that requests payment. Before a foreclosure sale, a foreclosing lienholder may give written notice to a tenant stating that a foreclosure notice has been given to the landlord or owner of the property and specifying the date of the foreclosure.
(c) If the occupant is a tenant of a person who acquired possession by forcible entry, the landlord must give the person at least three days' written notice to vacate before the landlord files a forcible detainer suit.

Note the bolded section. A houseguest may be considered a tenant at will under other sections of the code. Note also that even is some breaks into the property they have to be given notice prior to filing the forcible detainer.

The point here is that you should file the forcible detainer. If you don't, TX law provides for penalties against the landlord.

Hopefully he will leave and not require a suit. But if you go to the police to have him removed without getting the forcible detainer I would get a written legal opinion from the JP frst.

Fr_Chuck · May 3, 2009, 05:23 PM

Well the JP is the final say, just hope he is the one that hears the case. Since I will disagree with them also.

But in the end, first stop giving him another penny. And start watching that he does not start selling your own stuff, that will be common next.

excon · May 3, 2009, 06:01 PM

Originally Posted by IWHO

directed me to the Justice of the Peace. According to them, he is just a "houseguest" since he pays no rent. I have to give him a 3-day written notice

Hello again, I:

Well, add me to the list on non believers... It wasn't the Justice of the Peace himself, that you talked to, was it? Nope, it probably was just one of his want to be Justice clerks...

I say that, because there is no law anywhere that requires a homeowner to give his HOUSEGUEST notice. The second a houseguest becomes unwelcome, he becomes a trespasser and can be put out by any police force in the country.

By giving him notice, you give legitimacy to his tenancy. That is the LAST thing you want to happen.

If the cops think he's a houseguest, tell them you want him gone. DON'T ask for their advice. If, after all the rigamarole that's happened, they won't throw him out, go to the Justice Court. File for an immediate eviction. DON'T ask for their advice.

excon

IWHO · May 3, 2009, 08:43 PM

Originally Posted by Fr_Chuck

But in the end, first stop giving him another penny.

Don't worry about that... there's none left to give... :o

IWHO · May 3, 2009, 08:56 PM

Greaaaaat... here I was feeling a sigh of relief thinking I knew my rights and was finally in control of this terrible situation, and then you-guys/gals(if any) had to come up with this... boo hoo... should I just call the local police and find out what they say?.

excon · May 4, 2009, 06:32 AM

Originally Posted by excon

If the cops think he's a houseguest, tell them you want him gone. DON'T ask for their advice.

Hello again, I:

I haven't changed my mind.

excon

IWHO · May 4, 2009, 04:13 PM

excon[/QUOTE]

Originally Posted by excon

Hello again, I:

I haven't changed my mind.

excon

Hi Ex... gee, that sounds funny... and is that purple Koolaid on your lips?.

Ok, so what do I do now since I have already given him notice based on the advice from the other night?

I did go back to the JPs office today and talked to them again, and the Court Administrator said that the quoted law from ScottGem applies ONLY if he was a tenant to begin with... that since he is just a houseguest, he can be tossed out. I have tried calling my local police dept for advice but they NEVER answer the phone unless it is an emergency... sheeeeesh! If he DOESN'T leave by the 22nd, guess I will have to start something to get a 911 call placed since the police won't answer their phones unless it is an emergency... lol... just kidding... and, by the way, he did throw a dry erase board at me that hit the wall just above my head while I was sitting on my bed minding my own business in my own room (a couple of weeks ago)... does that count for anything?

IWHO · May 4, 2009, 04:22 PM

Originally Posted by Fr_Chuck

and start watching that he does not start selling your own stuff, that will be common next.

Funny you should say that, because I spent all my money buying HIM things... I own this laptop and an air card and I lock them both up when I leave my room... he owns everything else! I was beary generous to him... :(

Fr_Chuck · May 4, 2009, 06:58 PM

Well still disagree with your court, but then that is Texas.
The issue here is, if he was just a houseguest you could have just changed the locks on him.

IWHO · May 4, 2009, 07:48 PM

Originally Posted by Fr_Chuck

The issue here is, if he was just a houseguest you could have just changed the locks on him.

I have written and re-written a response back to you on this statement. The fact is that I can't just change the locks on him. I can't be the bad guy. I have allowed myself to go through h_ll and for some reason, I still can't do it. Call it cowardness, call it insecurity, call it some kind of guilt or unworthiness I harbor deep down inside. Who knows. All I know now, is that on May 23rd, I will go down to the police station if that is what it takes for him to leave. It will be very hard for me to do this to someone, even if they deserve it. And I will probably break down and cry like a baby when it is all said and done. But it will be done.

ScottGem · May 4, 2009, 07:57 PM

If the JP's office will back you up, then you are OK.

IWHO · May 5, 2009, 05:20 AM

Originally Posted by ScottGem

If the JP's office will back you up, then you are OK.

I picked up the Court Administrator's card while I was at the JP's office and it has her e-mail address on it. I am going to contact her and get her response in writing so that if need be, I can show it to the police.