Same Sex live-in Partners

[PanAm]

What is the name of your state? Texas

2 males living together. My name is listed on the 6-month lease. His name does not appear on the lease. If he becomes abusive, can i (or the police if i need to call them) remove him from the apartment immediately or do i have to give him 30 days notice before going to the courts to evict him? What are his rights, if any, and what are mine?

thanks

 

[ecmst12]

He has the rights of a tenant, but I think if it's to the point that you have to get a restraining order against him, that changes things.

However, if you think there's a possibility that he could become violent in the future, probably best to ask him to move NOW (30 days written notice).

 

[Ohiogal]

What is the name of your state? Texas

2 males living together. My name is listed on the 6-month lease. His name does not appear on the lease. If he becomes abusive, can i (or the police if i need to call them) remove him from the apartment immediately or do i have to give him 30 days notice before going to the courts to evict him? What are his rights, if any, and what are mine?

thanks

I thought you tried to get a restraining order and it was denied? he is a tenant. You would have to give him proper notice without a restraining order stating otherwise.

 

[ncpropmgr]

What you do is walk into your leasing office and have the locks changed on your apartment. No leasing office is going to give him keys to the apartment home without his name on the lease agreement.

(PS: On a side and personal note, if this case was to go to court in the state of TX, it would probally be dismissed...conservative judges hate same-sex relationship cases...a friend of mine was in a VERY simliar situation where we ended up in court)

 

[Fl_renter]

What you do is walk into your leasing office and have the locks changed on your apartment. No leasing office is going to give him keys to the apartment home without his name on the lease agreement.

What?!? You can't just have the locks changed because you decide you don't want someone living with you anymore.

 

[ncpropmgr]

In North Carolina, if a person on the lease walks in my door and says I want my locks changed, I change them. The only obligation I have is to the person who is on the lease agreement. (this is in North Carolina) I just went through this entire process legally!

 

[Fl_renter]

And then that tenant would have to make sure the OTHER tenant has a key. You don't have to be on the lease to be a tenant.

Do you know the law in Texas? Laws in every state are different.

Reread your sig line, you DON'T know everything.

ETA - Found this same info for several counties so it may apply, you will have to google for your own county
http://www.jp.hctx.net/evictions/filing.htm

Tenant at Sufferance

If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three (3) 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.

 

[ncpropmgr]

Nope...I don't know everything...but I did just go through this same thing in North Carolina.

Now to the person that asked the question: Go to the rental office, ask to have the locks changed, and see what happens. Judges interpret the law, not the black and white written statements. When your current roommate/friend/partner decides to sue you and it takes so much time to actually gain entry and PROVE that he was a resident there it wouldn't be worth the mess s/he is about to step foot into.

AND...the rental agency has no clue that another person is living there, they would not give them the key and it is not their responsiblity to this "strange" person asking for a key to research it.

(PS: There is NO reason to be rude to me, I don't claim to know EVERYTHING...just giving my advice)

 

[Fl_renter]

\

(PS: There is NO reason to be rude to me, I don't claim to know EVERYTHING...just giving my advice)

Giving the WRONG advice doesn't help anyone. You should really at least google someone's state laws before you tell them to break the law just because you think that the other TENANT wouldn't want to go through the mess of suing the tenant on the lease.

The OP cannot just throw the other guys stuff in the street and change the locks, it's against the law!

 

[ecmst12]

In the situation you describe, you change the locks at the request of the sole tenant on your lease, YOU wouldn't be liable to any roommates or subtenants that were illegally locked out, but your tenant (the one on the lease) would! And since OP in this case is the primary tenant, your advice was bad. And suggesting that he rely on a homophobic judge to help him get away with it is pretty unconscionable, if you ask me.

 

[HomeGuru]

Nope...I don't know everything...but I did just go through this same thing in North Carolina.

Now to the person that asked the question: Go to the rental office, ask to have the locks changed, and see what happens. Judges interpret the law, not the black and white written statements. When your current roommate/friend/partner decides to sue you and it takes so much time to actually gain entry and PROVE that he was a resident there it wouldn't be worth the mess s/he is about to step foot into.

AND...the rental agency has no clue that another person is living there, they would not give them the key and it is not their responsiblity to this "strange" person asking for a key to research it.

(PS: There is NO reason to be rude to me, I don't claim to know EVERYTHING...just giving my advice)

**A: Hello, the post state reference is Texas so your NC story does not apply. Please refrain from providing incorrect advice. And if your NC case is actually true please post the court file # and the court transcipt where the judge ruled against NC state statutory L/T law by approving a tenant lock out.