Blindsided
Member
Join Date: Jan 2011
Posts: 1,243
Laws are written to protect people from being thrown out arbitrarily and in the eyes of my state if you have been hanging around, sleeping together and have a toothbrush in the bathroom you have legal "rights" that the long arm of the law will protect.
A few years ago an old friend of mine went through midlife crisis and left his wife and took up with a hot chick he met in a bar. She was a regular thing and sleeping over at his apartment and he was happy as a pig in slop until he figured out that she was stealing from him and had a crack problem. He tried to throw her out and she called the cops and said he roughed her up and they arrested him for domestic battery! A quick interview with the neighbors confirmed she had been "living there" and he got locked down with a no bond and restraining order and could not return to "their" residence!
6 weeks later there wasn't anything of value left in the place (he had nice expensive things) and he was fighting for his life with an expensive lawyer to get his life back!
Bad luck... bad laws... bad choices. He is now back with his "boring" wife and a much wiser man for his trouble.
So... if you read between the lines you can see the only that gets someone forcibly out of a domestic situation is a possible domestic battery or abuse situation. I would think that if there isn't an immediate fear or danger it should be pretty easy to get an emergency order to have him removed through the family courts in your city. They generally have a form you can fill out that a judge usually will sign removing the person and setting the matter for a hearing to hear both sides.
A few years ago an old friend of mine went through midlife crisis and left his wife and took up with a hot chick he met in a bar. She was a regular thing and sleeping over at his apartment and he was happy as a pig in slop until he figured out that she was stealing from him and had a crack problem. He tried to throw her out and she called the cops and said he roughed her up and they arrested him for domestic battery! A quick interview with the neighbors confirmed she had been "living there" and he got locked down with a no bond and restraining order and could not return to "their" residence!
6 weeks later there wasn't anything of value left in the place (he had nice expensive things) and he was fighting for his life with an expensive lawyer to get his life back!
Bad luck... bad laws... bad choices. He is now back with his "boring" wife and a much wiser man for his trouble.
So... if you read between the lines you can see the only that gets someone forcibly out of a domestic situation is a possible domestic battery or abuse situation. I would think that if there isn't an immediate fear or danger it should be pretty easy to get an emergency order to have him removed through the family courts in your city. They generally have a form you can fill out that a judge usually will sign removing the person and setting the matter for a hearing to hear both sides.
Community Greeter
Join Date: Aug 2011
Posts: 16,246
Hopeworks, yes, that sort of thing happens here in Virginia quite frequently. The domestic violence laws are strictly enforced in my county---and, if the cops show up for a domestic complaint--Somebody is going to jail. Sometimes it is the "correct" person--and sometimes it isn't. I can recite some horror stories.
dandylion
dandylion
Member
Join Date: May 2013
Posts: 1,218
Not trying to disrespect anyone here, but some of the responses seem a bit harsh to me. Unless someone here knows the laws of Texas regarding the matter of what constitutes a living arrangement and what an eviction process is as defined by law there, maybe judgement should be withheld. Just a thought...
Let the OP call around to some lawyers who deal with eviction in her state and find out what the process is. Even if there is no law preventing her from simply throwing him out, even if there is no legal process, there likely are regulations in place regarding him getting his belongings. It doesn't hurt to go about everything by the book to avoid any unnecessary troubles. This guy sounds like a freeloader, he has moved to another state where he doesn't have connections, and he may well put up a real stink and find out what his "rights" are (ugh, annoying he could have any in this situation, but it's quite possible) in a desperate attempt to have a roof over his head.
Peace.
ETA: not to mention his "rights" regarding his possessions and a time frame in which to collect them, a process he could draw out to remain "connected"...
Let the OP call around to some lawyers who deal with eviction in her state and find out what the process is. Even if there is no law preventing her from simply throwing him out, even if there is no legal process, there likely are regulations in place regarding him getting his belongings. It doesn't hurt to go about everything by the book to avoid any unnecessary troubles. This guy sounds like a freeloader, he has moved to another state where he doesn't have connections, and he may well put up a real stink and find out what his "rights" are (ugh, annoying he could have any in this situation, but it's quite possible) in a desperate attempt to have a roof over his head.
Peace.
ETA: not to mention his "rights" regarding his possessions and a time frame in which to collect them, a process he could draw out to remain "connected"...
Member
Thread Starter
Join Date: Aug 2013
Location: flower mound tx
Posts: 2
Originally Posted by atalose 
It's not that he's considered a tenant after staying with you for 30 days.
It's not that YOU CAN'T change the locks on your own house.
It's not that you won't call the police and have this guest removed who is causing you and more importantly your children emotional harm.
It's simply your co-dependency and the inability to let go of this person.
Please put your children first in this situation and seek help in helping YOU get strong enough to let go.
It's not that YOU CAN'T change the locks on your own house.
It's not that you won't call the police and have this guest removed who is causing you and more importantly your children emotional harm.
It's simply your co-dependency and the inability to let go of this person.
Please put your children first in this situation and seek help in helping YOU get strong enough to let go.
Member
Join Date: Jan 2013
Posts: 458
While not an identical situation, my EX-RAG has had a family friend living in her father's house for the past few years. He has been paying rent until a few months ago. There has never been a lease. Now that he refuses to pay, even though they never had a lease, she still needs to go through the eviction process. Perhaps the "30 day" rule is the same here in FL.
Member
Join Date: Nov 2010
Location: New York, NY
Posts: 6,262
When someone negatively affects children, I wouldn't hesitate to tell him that if he isn't out in a week you will call the police. Tell him you forbid him to bring alcohol into your home ... that should really get him packing. I recommend Alanon, which helps us deal with our codependent issues and is tremendous support.
Community Greeter
Join Date: Aug 2011
Posts: 16,246
Dear kle, I understand the position you are in. I have had to deal with these landlord/tenant laws, myself, here in Virginia. It is a real pain in the a**!! As you have found out---the law is not always what the average person on the street (without a law degree) assumes it is.
I empathize with you--and I hope that it goes as smoothly as possible--while you do what you have to do.
Remember, that this, too, will pass. At least you will be wiser for the experience--LOL!!!!
dandylion
I empathize with you--and I hope that it goes as smoothly as possible--while you do what you have to do.
Remember, that this, too, will pass. At least you will be wiser for the experience--LOL!!!!
dandylion
Member
Join Date: Mar 2013
Location: Midwest
Posts: 11,481
Originally Posted by kle2012
Texas law states that a person who resides in a home, apartment, room, whatever, for 30 days or more is then a tenant at will. To remove him, I have to go through the eviction process. If I change the locks or kick him out, he could sue me for damages (whatever they would be). It would be nice to have laws in place that actually protect ones who need it vs. taking the side of a "squatter".
Simply crazy!
Community Greeter
Join Date: Aug 2011
Posts: 16,246
honeypig---yes, it is pretty hard to believe--isn't it? As I understand it--the laws were intended to protect the most vulnerable in our society--those without property--to keep the most fortunate from arbitrarily tossing someone from their RIGHTFUL home, straingt onto the streets.
I think that the sticky wicket here is that there are always the unscrupulous around who will use any "loophole" in the law to further their own cause.
The eviction laws, on the other hand, protect the homeowners from being taken advantage of (at least, permanently). It takes an average of six weeks to evict a person. Sometimes, as little as 30 days, sometimes as long as 3mo.---depending on individual circumstances. Some "squatters" have made it a point to learn the ways to drag the court proceeding out as long as possible.
LOL--I am not a lawyer, nor historian.....just my take on this kind of tricky stuff.
dandylion
P.S. I would like to add that most people probably DO leave, post haste, upon receiving their marching orders (their ass kicked to the curb). That is, if they are ignorant of the actual law--and want to push the point, legally. Addicts are, as a general rule, hard to get rid of---if they become desperate to have us enable them.
I think that the sticky wicket here is that there are always the unscrupulous around who will use any "loophole" in the law to further their own cause.
The eviction laws, on the other hand, protect the homeowners from being taken advantage of (at least, permanently). It takes an average of six weeks to evict a person. Sometimes, as little as 30 days, sometimes as long as 3mo.---depending on individual circumstances. Some "squatters" have made it a point to learn the ways to drag the court proceeding out as long as possible.
LOL--I am not a lawyer, nor historian.....just my take on this kind of tricky stuff.
dandylion
P.S. I would like to add that most people probably DO leave, post haste, upon receiving their marching orders (their ass kicked to the curb). That is, if they are ignorant of the actual law--and want to push the point, legally. Addicts are, as a general rule, hard to get rid of---if they become desperate to have us enable them.
box of chocolates
Join Date: Sep 2012
Location: Texas
Posts: 1,013
Originally Posted by honeypig
Wow, this is unbelievable! How does such a law ever get on the books? I am simply aghast that b/c a person is a good Samaritan and offers a place to stay to someone down on their luck, they can now be legally MADE to let that person live there if they've been around more than 30 days!
Simply crazy!
Simply crazy!
This must be written in the lease I guess so the law doesnt apply?
Op I would check your lease contract too.
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