Can my live in boyfriend kick me out without notice

Asked about 4 years ago - Pflugerville, TX

I live in Texas and have been living with my boyfriend for the past year. We just moved into a new place and his name is yet again the only name on the lease. We got into a fight and now he wants me out. I've already paid a portion of the rent that was due for the month. Does he have the legal right to kick me out seeing how we moved into another residence but have already been living together for the past year?

Attorney answers (2)

  1. Stephen C Rogers

    Contributor Level 3

    Answered . Texas law contemplates two scenarios when one lives with an unrelated person. One in which the couple holds each other out as husband and wife, could eventual lead a Texas court to consider you "married," if the relationship exists over an extended period of years. The facts you have stated do not appear to justify that kind of conclusion.

    The other is a contractual relationship. Usually, contracts involving real estate need to be in writing. My assumption is that you have no written agreement with your "boyfriend." But in this case, you have paid a portion of the rent for the month. If the money you paid was the amount you agreed to pay in exchange for your stay in the "new place," you are entitled to remain in the "new place" for the rest of the month. Your rights may be difficult to enforce given the time frames involved, but you could sue to get a portion of your money back if you are in fact "kicked out." That you have been living together for the past year is irrelevant, except maybe to prove a pattern that you are actually a tenant and not his girlfriend. The stickier issue is the Landlord may have an action to evict both of you depending on the terms of the boyfriend's lease. Many leases require every person who "lives in" (is not visiting) the leasehold to be listed on the lease.


    THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

  2. Stephen C Rogers

    Contributor Level 3

    Answered . Texas law contemplates two scenarios when one lives with an unrelated person. One in which the couple holds each other out as husband and wife, could eventually lead a Texas court to consider you "married," if the relationship exists over an extended period of years. The facts you have stated do not appear to justify that kind of conclusion.

    The other is a contractual relationship. Usually, contracts involving real estate need to be in writing. My assumption is that you have no written agreement with your "boyfriend." But in this case, you have paid a portion of the rent for the month. If the money you paid was the amount you agreed to pay in exchange for your stay in the "new place," you are entitled to remain in the "new place" for the rest of the month. Your rights may be difficult to enforce given the time frames involved, but you could sue to get a portion of your money back if you are in fact "kicked out." That you have been living together for the past year is irrelevant, except maybe to prove a pattern that you are actually a tenant and not his girlfriend. The stickier issue is the Landlord may have an action to evict both of you depending on the terms of the boyfriend's lease. Many leases require every person who "lives in" (is not visiting) the leasehold to be listed on the lease.


    THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

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