evicting someone with no lease

A friend of mine in Texas is renting a house belonging to a family member. They have a verbal agreement and she has been living there for well over a year. A few months back, she allowed a guy to move in with her. He has turned out to be a jerk, to put it mildly, and she wants him to move out. He has kept saying he would, and then just doesn't. He also says that he can stay anyway because he hasn't gotten an actual eviction notice, which he claims would give him 90 days anyway. He has never signed any lease and has payed no rent during the time he has been there, nor was there ever any kind of verbal agreement on how long he would be staying there. She wants him out very badly. Does there need to be any actual eviction notice given to him, or can the family member that owns this house simply kick him out? Can they just put out his few belongings and change the locks or something? What can be done?

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Darrick:
A friend of mine in Texas is renting a house belonging to a family member. They have a verbal agreement and she has been living there for well over a year. A few months back, she allowed a guy to move in with her. He has turned out to be a jerk, to put it mildly, and she wants him to move out. He has kept saying he would, and then just doesn't. He also says that he can stay anyway because he hasn't gotten an actual eviction notice, which he claims would give him 90 days anyway. He has never signed any lease and has payed no rent during the time he has been there, nor was there ever any kind of verbal agreement on how long he would be staying there. She wants him out very badly. Does there need to be any actual eviction notice given to him, or can the family member that owns this house simply kick him out? Can they just put out his few belongings and change the locks or something? What can be done?<HR></BLOCKQUOTE>

I would take the position that he is not a legal tenant and therefore a trespasser. He has no lease or even a m/m tenancy so no eviction notice needs to be given. He is merely a guest of the female tenant with no lease. Kick his butt out.

Thank you very much. That was what I was hoping to hear.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Darrick:
Thank you very much. That was what I was hoping to hear.<HR></BLOCKQUOTE>

I was going to say kick his ass out but thought that it would appear too formal.

He
also says that he can stay anyway because he hasn't gotten an actual
eviction notice, which he claims would give him 90 days anyway.
HomeGuru, being that the guy is obviously going to give them trouble when they tell him once again to get out, can they involve the Sheriff's office to help get him out of the house?

Technically, you can legally throw the guy out physically, but a deadbeat like this sounds like he'd probably sue and press charges for personal injury, and then shoot you, ala Micheal Keaton in "Pacific Heights."

The best (and safest) route is to simply threaten to have him arrested-- and if he refuses, follow through by calling the police or other local law enforcement agency, since it's an offense to trespass when ordered to leave by the property owner or (equivalent, such as an exlusive tenant or leaseholder).
However, the police might ask to see the lease, in which case she'll have to have the owner back her up as to the existence of the oral contract.
This is one reason why it's a good idea to always have a written lease for things like this, to give some written proof of authority; your relatives might trust you, but the police aren't allowed to take your word that you have the authority unless they know you personally.

But guys like this usually move on when the police become involved, so a bluff might work when you start dialing the phone and telling him the police are on their way, when actually you're dialing the local time; if he still doesn't leave, it's a good idea for the actual property owner to do the calling, since police might ask for some proof of authority, and make a lot of hassle until you can get the actual owner to verify your story, since the police don't know who said what to whom about which, prior to their arrival; for all they know, these people could BOTH be burglars, so the only way to establish the truth is to have both the signed lease and proper identification. Although possession may be 9/10 of the law, the free-loader is equally in "possession," so it pays to have this other 1/10 in the form of written proof.
So in conclusion, I would, in the following order, 1)threaten to call the police, 2)pretend to call the police, 3) have the owner call the police and be present when they arrive; if any step fails, proceed to the next step.


[This message has been edited by Jack Hammer (edited October 24, 2000).]

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by justlooking:
He
also says that he can stay anyway because he hasn't gotten an actual
eviction notice, which he claims would give him 90 days anyway.
HomeGuru, being that the guy is obviously going to give them trouble when they tell him once again to get out, can they involve the Sheriff's office to help get him out of the house?<HR></BLOCKQUOTE>

The local police, Sheriffs office, chain gang, Mafiaso, Hells Angels, Bloods, Crips etc. would be available at various costs, favors and fees that range from free to its a gonna cost you. Pick your type of service from "you move out or I breaka ya neck" to "please leave the premises now or we'll have you arrested" to "get the hell out or else".