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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

Nacogdoches, TX |

he also stays drunk!

Attorney Answers 4


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.

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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.

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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.

If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action. In certain jurisdictions, this response may be considered an advertisement. In such circumstance, Kevin M. Koel is responsible for all content stated in the response. Kevin M. Koel is not certified by the Texas Board of Legal Specialization for any particular practice area, nor does Kevin M. Koel claim specialized knowledge in any practice area.

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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.

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