Legal Question in Landlord & Tenant Law in Texas

My son is not required to pay rent if he attends school and pass his classes. He owes me money from last year from getting him out of jail which signed a promisary note. He is now 18 and he does not respect me or my home. He thinks he can do what he wants. I want to put him out and the police insist I need to have him evited. I am his mother and prior to him turning 18 they said there was nothing I could do. I have had to call the police on him numberous times. When my son is confronted about him having to get out he repeats what he has heard the police say he has to be evited and be given 30 days to vacate. I need to show my son this is no longer a threat and that I am tired of his disrespect and thinking he do not have to go to school/work or do anything with his life.


Asked on 9/03/09, 3:19 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Your son is an adult. If he is living on your property you are his landlord and he is your tenant. Normally landlords and tenants have contract that spells out the rights and duties of the parties. These contracts are often called leases. When there is a landlord tenant relationship and the parties have no contract, the state imposes certain obligations on the parties. Among those obligations is a duty for the landlord to provide the tenant the notice the police told you to provide. Do this in writing. You can't throw your son out. You must abide by the law and file suit against him for eviction. .Landlords to this to tenants who fail to pay rent all the time. You will need to hire an attorney who will draw the pleadings, file with the correct court and have your son served with a copy of the lawsuit. After you win the lawsuit, you can have the sheriff enforce the eviction order.

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Answered on 9/09/09, 1:14 am


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