how can he be made to leave and not come back?

[litllammy]

What is the name of your state (only U.S. law)? TX

They have been living together for almost 5 years, they have a baby together. His 11 yr old daughter from a previous marriage lives with them. They rent a house and the lease is in her name only. He has a key to the house and does receive mail there. They split all living expenses equally. She says that beings he has a key and receives mail at the address she has no legal rights for having him leave and not return. He has told her twice in the last week that he is leaving. The first time he said she can have the "kids". The last time he said he was leaving she told him he would need to take the older daughter because she has no legal rights to her. She told him this last time that he said he was leaving that he wasnt going to be allowed to come back and he told her he could come and go as he pleases because he has paid his part of the months rent. What rights does she have legally in this matter? Can she change the locks and just put his things outside? She "wants" him to go, but when/if she tells him this he just says he isnt going anywhere and can do what he wants. Please....any advice will be GREATLY appreciated...What is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? TX

They have been living together for almost 5 years, they have a baby together. His 11 yr old daughter from a previous marriage lives with them. They rent a house and the lease is in her name only. He has a key to the house and does receive mail there. They split all living expenses equally. She says that beings he has a key and receives mail at the address she has no legal rights for having him leave and not return. He has told her twice in the last week that he is leaving. The first time he said she can have the "kids". The last time he said he was leaving she told him he would need to take the older daughter because she has no legal rights to her. She told him this last time that he said he was leaving that he wasnt going to be allowed to come back and he told her he could come and go as he pleases because he has paid his part of the months rent. What rights does she have legally in this matter? Can she change the locks and just put his things outside? She "wants" him to go, but when/if she tells him this he just says he isnt going anywhere and can do what he wants. Please....any advice will be GREATLY appreciated...What is the name of your state (only U.S. law)?

This is his residence. He would have to be evicted.

 

[litllammy]

OG, You have license to practice law in OHIO. This would be in TEXAS. Do you KNOW that this is the law here in TEXAS? If so, how do you go about doing the eviction and how long do they have to be OUT?

 

[Isis1]

OG, You have license to practice law in OHIO. This would be in TEXAS. Do you KNOW that this is the law here in TEXAS? If so, how do you go about doing the eviction and how long do they have to be OUT?

google "renter's rights texas" if you think OG is lying to you for the fun of it.

 

[litllammy]

First of all, I did not say OG was telling me lies. Just want to know how well or even if they do know the laws in Texas for situations like this. As far as your comment, tinkerbelle, I am not sure who that remark is to, but if it was made to me then I think you need to go elsewhere and find something more wisely to do with your time.

 

[LdiJ]

What is the name of your state (only U.S. law)? TX

They have been living together for almost 5 years, they have a baby together. His 11 yr old daughter from a previous marriage lives with them. They rent a house and the lease is in her name only. He has a key to the house and does receive mail there. They split all living expenses equally. She says that beings he has a key and receives mail at the address she has no legal rights for having him leave and not return. He has told her twice in the last week that he is leaving. The first time he said she can have the "kids". The last time he said he was leaving she told him he would need to take the older daughter because she has no legal rights to her. She told him this last time that he said he was leaving that he wasnt going to be allowed to come back and he told her he could come and go as he pleases because he has paid his part of the months rent. What rights does she have legally in this matter? Can she change the locks and just put his things outside? She "wants" him to go, but when/if she tells him this he just says he isnt going anywhere and can do what he wants. Please....any advice will be GREATLY appreciated...What is the name of your state (only U.S. law)?

If he voluntarily vacates the home, she does not have to allow him to come back. However she would have to get the landlord to change the locks. If he refuses to voluntarily leave the home, she has to follow the process to evict him. She may need the assistance of the landlord in that, since she does not own the property.

 

[LdiJ]

First of all, I did not say OG was telling me lies. Just want to know how well or even if they do know the laws in Texas for situations like this. As far as your comment, tinkerbelle, I am not sure who that remark is to, but if it was made to me then I think you need to go elsewhere and find something more wisely to do with your time.

Everything below the line that you see on her post, is part of her signature lines. It appears on every post she makes.

Just like on mine you see "in vino veritas" at the very bottom. That's my signature line.

 

[Ohiogal]

If he voluntarily vacates the home, she does not have to allow him to come back. However she would have to get the landlord to change the locks. If he refuses to voluntarily leave the home, she has to follow the process to evict him. She may need the assistance of the landlord in that, since she does not own the property.

Watch LD. You are a tax professional and you will be asked how you know this. Lets see if she likes a tax professional's info better than mine. Bye bye OP.

 

[ecmst12]

This is the law in EVERY state. The mechanics of how to evict a tenant may differ from state to state, but the fact that a tenant must be legally evicted before his belongings can be forcibly removed and the locks changed is the case EVERYWHERE.

And in every state, the first step to eviction is giving written notice to terminate the month to month tenancy (without a signed lease for a period of time, it is automatically a month to month tenancy). In MOST states, the minimum notice that must be given is 30 days, usually including at least one full calender month. Meaning if she gives notice today, he has until 9/30 to move, and he must still pay rent on 9/1. If he pays rent on 9/1 but is not out by 9/30, she can file for eviction with the courts, and if it gets to that point, she should hire a lawyer to help her.

If he does NOT pay rent on 9/1 after getting the notice to terminate, then she may be able to get him out sooner, but again she should consult an attorney because there are many specific steps that must be followed.