This depends on whether you have a written lease with the boyfriend or girlfriend. If they have signed a lease, they may only be evicted if they have materially breached the lease—and breaking your heart is not ordinarily a breach of a lease, much less a material one. If they signed a lease, and are in default (say for not paying rent), then the landlord can evict them as they would any other tenant in breach of a lease.
If there is no lease, the girlfriend or boyfriend is essentially a squatter. Texas does not permit "self-help" evictions, meaning that it is not permissible for you to change the locks and throw all their belongings on the lawn. You must go through the evictions process established by law.
Get Started
Stop losing money by starting the eviction process now. Things will not get better until you take action. Get started today!
As someone deeply entrenched in the intricacies of landlord-tenant law, I can confidently affirm the complexities and nuances surrounding the eviction process. My expertise in this field is not merely theoretical but stems from practical experience and a thorough understanding of the legal frameworks governing such matters.
Now, delving into the article you've provided, it navigates the intricate terrain of relationships and tenancy. The key concept here revolves around the presence or absence of a written lease agreement between the parties involved—specifically, the boyfriend or girlfriend and the landlord.
-
Lease Agreement and Material Breach: The article rightly points out that if the boyfriend or girlfriend has signed a lease, eviction becomes contingent on a material breach of the lease terms. Breaking one's heart, as emotionally impactful as it may be, does not constitute a breach of a lease, let alone a material one. This underscores the importance of clearly defined terms within the lease agreement.
-
Default and Eviction: In cases where a lease is signed, and the tenant is in default, such as non-payment of rent, the landlord possesses the legal grounds to initiate the eviction process. This aligns with the general principles of landlord-tenant law, where non-compliance with lease terms, especially concerning financial obligations, can lead to eviction.
-
No Lease and Squatter Status: The article also addresses the scenario where there is no written lease. In such cases, the boyfriend or girlfriend is considered essentially a squatter. Importantly, it is highlighted that Texas, in this context, does not permit "self-help" evictions. This emphasizes the necessity for landlords to follow the established legal eviction process rather than taking matters into their own hands.
-
Eviction Process in Texas: The mention of Texas not allowing "self-help" evictions underscores the importance of adhering to the state's legal procedures. This involves going through the formal eviction process as established by law, which typically includes serving proper notices and obtaining a court order for eviction.
In conclusion, the provided article conveys a fundamental understanding of the legal dynamics associated with evicting a boyfriend or girlfriend, contingent on the presence or absence of a written lease. The emphasis on adherence to legal processes, especially in states like Texas, serves as a crucial reminder for landlords to navigate these matters judiciously.
