We have a man who was mowing our property in exchange for living quarters he now wants to be paid to mow an will not leave

he also stays drunk!

Nacogdoches, TX -

Attorney Answers (4)

Mark Allen Land

Mark Allen Land

Real Estate Attorney - Austin, TX

You need to have him evicted. You can do that through your local justice of the peace. There is a link below to the Nacogdoches County J.P.'s. You will have to figure out in which precinct you live.

I have also attached a link to the Williamson County page that includes forms and other useful information on "Forcible Entry & Detainer cases (evictions). That is NOT your county, but the law is the same statewide.

You can also consider hiring a lawyer to assist you. Good luck.

Kevin Matthew Koel

Kevin Matthew Koel

Real Estate Attorney - Houston, TX

Sounds like you have an oral lease. In order to evict, you must first give a 30-day notice to terminate the lease. If he does not leave in 30 days, you need to give him a 3-day notice to vacate. If he still does not leave, then you can file suit for eviction. However, his refusal to perform as originally agreed could be considered a default of your oral lease, which means you get to move straight to the 3-day notice to vacate.

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Keith G Langer

Keith G Langer

Administrative Law Lawyer - Wrentham, MA

Which is to say, you have an undesirable tenant who almost certainly has no written lease. You will need to follow the proper eviction procedure; notice, etc., to avoid complicating what is already an unpleasant situation.

The TX and your county bar associations can give you referrals to landlord/tenant attorneys.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

Be sure to document the condition of the property before you serve him with an eviction notice. An upset, angry drunk can do a lot of damage.
The local jp courts are often very helpful, but if it gets ugly you might want to have a lawyer on board. If he does damage your property be sure to either file an insurance claim (if you have coverage under this situation) or document it for a casualty loss on your taxes.

Related Topics

Eviction from rental property

Before a landlord can start eviction proceedings, he or she must follow specific rules (that vary by state) for giving a termination notice to the tenant.

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