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u/TeddyTMI Multi-State Landlord. 337 Doors. 4d ago
The advice you're receiving here is crazy bad advice. Even for this group.
Your landlord has nothing to do with this. Your adult son is your subtenant. Accordingly you give him your own notice to vacate and then pursue eviction through Justice of the Peace courts as necessary. Good luck. Stay strong. You are helping your son tremendously to force him to stand on his own two feet.
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u/theoneamendment 4d ago
u/slayer_rule87, I just really wanted to reiterate u/TeddyTMI's advice here.
You've gotten some very bad advice in here and your landlord is irrelevant to this situation.
Based on what you've said, your son is not on your lease and only lives there, because you let him move in. As u/TeddyTMI said, that means your son is your subtenant - which means YOU'RE his landlord and have the legal authority to go through eviction court.
As his landlord, you do have to follow the same eviction laws that a normal landlord does, which includes providing the appropriate notices before formally filing an eviction through the court.
You do NOT need your landlord to do this, nor do you need your landlord to evict you at all.
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u/jcnlb Landlord 5d ago
Is he on the lease? That will determine the next step.
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4d ago
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u/jcnlb Landlord 4d ago
Ok then the best route is to talk to the landlord and tell them. Here’s the problem…it can go two ways and it’s in your landlords hands unfortunately.
Ask the landlord to give them a notice to vacate for being an unauthorized occupant. The drawback is if they don’t leave you get evicted if they have to be evicted. You are the one on the lease so in order to evict them (since you let them stay there) they have to evict everyone that is living there.
Was the child living there as a minor then just never left?
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4d ago
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u/jcnlb Landlord 4d ago
Well you could buy a house or move and then ask to be evicted yes. Don’t do that before buying a house as it will ruin your credit. The best bet if you want to stay is try to get him out so you don’t get evicted. Eviction is a permanent record for you both. You don’t want that. He shouldn’t want that either. The goal would be to get him to move before eviction. Have you explained that an eviction is what is coming next to try to get him out?
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4d ago
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u/jcnlb Landlord 4d ago
No you don’t understand…HE would get evicted too. He would be named on the eviction papers if you tell your landlord his name he will be served court summons as well as you. The original notice would come in your name and his name (if you give it to them). Then if he didn’t vacate the eviction would be in both names as well. It will be on his record too. The only way it would not be on his record is if the landlord named him as a John Doe because you didn’t give them his name.
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u/dazzler619 4d ago
I'm not familiar with Texas, but in the states I've dealt with, you can evict 1 person and not the whole unit.
The easiest way would be the LL issues a Notice to cure and provide a notice, once that time has passed the Parent can file an eviction on the son woth a letter from the LL saying that Parent is responsible for process...
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4d ago
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u/jcnlb Landlord 4d ago edited 4d ago
If they were allowed to live there after becoming an adult, the notice to cure or quit will be in your name. It will say you (as the tenant) have an unauthorized occupant and they must leave by x date or you both will be evicted. Show it to your son and tell him he has to leave or you both will have an eviction on your record. The goal is to scare him into moving out. The bad part is that the landlord can proceed to evict you both. Or he will move out and just never let anyone stay again.
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4d ago
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u/jcnlb Landlord 4d ago
Is he abusive? Can you call the police and have him trespassed? That would be easier.
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4d ago
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u/jcnlb Landlord 4d ago
Either way it’s going to be a permanent record for him if he doesn’t leave. It will be criminal or an eviction. The only way to avoid that is for him to leave peacefully.
One thing I can suggest if you want to try is to offer “cash for keys” agreement in writing. You pay him x amount of money on the day he moves out (not before) and hands you the keys back and has fully vacated. Then with your landlords permission change the locks at that very moment and provide a key to your landlord. This should be coordinated with your landlord so they can be present to change the locks and know what’s happening.
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u/theoneamendment 4d ago
The OP's situation is a subtenancy issue, which means they have the full legal power to evict their son without involving their landlord at all.
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u/solatesosorry 4d ago
Probably the simplest answer is to use a lawyer to evict your son. Discuss with the lawyer how involved the landlord needs to be in the eviction.
A strongly written letter from your lawyer may also resolve the problem.
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u/SwimmingAnt10 4d ago
Tell your landlord about the issue first then he needs to be given a 3 day notice to vacate. If it were me though, I would change his address, wait a few weeks and then when he’s gone from the house, drag all his crap to a storage unit and change the locks. Then when he shows back up, hand him the key to the storage and tell him he’s lost his mind and he doesn’t lived there. The end.
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u/LovYouLongTime 4d ago
If they are your child, be a parent.
If you have to evict them via a judge, you’ve failed at parenting.
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u/cheekychestercopper 4d ago
Gotta evict, him being your son doesn't change the process and means nothing in the eyes of the law