Vivian Marlowe
Living with an alcoholic can be traumatic, damaging, and dangerous, especially if you have children. If you're considering kicking an alcoholic out of your home in Texas, it's important to proceed with caution and be aware of the legal ramifications. Depending on your relationship with the alcoholic and the nature of their residency, the process can vary. If the alcoholic is a tenant, you may need to provide a warning and follow the proper eviction channels, presenting evidence of their alcohol use and its negative impact. If the alcoholic is a family member, you'll need to navigate the emotional complexities and seek legal advice on when, why, and how to proceed. In either case, the safety of you and your loved ones should be a priority, and it may be worth encouraging the alcoholic to seek treatment and enter a sober living program.
| Characteristics | Values |
|---|---|
| Reasons to kick an alcoholic out of your home | Alcoholism can be threatening or destructive, abusive, or create an unhealthy environment for children |
| Who can be kicked out | Tenants, family members, friends, relatives, spouses, children, roommates, subletters |
| Legal requirements | Learn the laws in your area, seek legal advice, file an eviction notice, provide a warning, gather evidence, go to court |
| Evidence | Filmed footage, paraphernalia, pictures, sworn testimonies, police documentation of emotional or physical violence |
| Other considerations | Treatment options, sober living homes, inpatient rehab |
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What You'll Learn
Understand the legal process of eviction in Texas
Understanding the Legal Process of Eviction in Texas
Eviction laws in Texas require legitimate, legal reasons for removing a tenant, which must be provable in court. The most common reasons for eviction include non-payment of rent, violating lease rules, and engaging in illegal activities on the property.
Notice to Vacate
The first step in the eviction process is for the landlord to provide a written notice to the tenant, specifying the reasons for eviction and providing a timeframe for the tenant to remedy the situation or vacate. This notice must comply with state law and allow a reasonable period for the tenant to respond. In Texas, this is typically a three-day notice to vacate, unless the lease agreement specifies a shorter or longer period.
Eviction Lawsuit
If the tenant does not move out or resolve the issue within the specified timeframe, the landlord can then file an eviction lawsuit, also known as a "forcible entry and detainer" suit. This involves going to court, where both the landlord and tenant have specific rights and compliance requirements to ensure a fair and just procedure.
Court Hearing
Tenants have the right to a fair court hearing, where they can present their side of the story, provide evidence, and call witnesses. If the tenant chooses to fight the eviction, the process may be prolonged. One of the most common and successful defenses is that the landlord did not follow proper procedures when terminating the tenancy.
Writ of Possession
If the landlord wins the eviction lawsuit, they can obtain a "Writ of Possession." This is a court order authorizing a law enforcement officer to remove the tenant and their belongings from the property. The officer must provide at least 24 hours' notice before carrying out the eviction.
It is important to note that landlords cannot personally remove tenants or their belongings from the property, even after winning the lawsuit. Only an authorized law enforcement officer can carry out the eviction, and tenants have rights to protect them from unlawful evictions.
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Document evidence of alcohol abuse
When it comes to evicting a tenant or guest from your home in Texas, it is important to follow the proper legal procedures to avoid potential lawsuits. While the specific laws and steps may vary, it is generally advisable to gather evidence and seek legal assistance.
If you are considering evicting an alcoholic family member or tenant from your home in Texas, it is important to document incidents of alcohol abuse to strengthen your case. Here are some examples of document evidence that can be used:
- DUI/OWI arrests or records of alcohol-related convictions: These can demonstrate a pattern of alcohol abuse and poor judgment.
- Medical records: These records can provide evidence of any alcohol-related illnesses or injuries.
- Credit card or bank statements: These statements can be used to demonstrate purchases made at liquor stores or bars.
- Witness accounts: Unbiased individuals who have observed the person's excessive drinking can provide valuable testimony. However, their statements may be considered hearsay unless they are willing to testify under oath or are summoned to do so.
- Expert testimonies: Substance abuse counselors or medical professionals can assess and testify about the individual's drinking habits, negative health effects, and the impact of alcohol abuse on their behaviour and decision-making abilities.
- Scheduled tests and monitoring programs: Compliance or non-compliance with these programs can provide evidence of sobriety or continued alcohol abuse.
In addition to documenting incidents of alcohol abuse, it is also important to be aware of the specific laws and procedures for eviction in Texas. For example, under Texas law, terminating a lease agreement begins with giving the tenant a written notice to vacate. The amount of time specified in the notice will depend on the agreement between the landlord and the tenant.
It is always advisable to consult with an attorney or legal professional before taking any formal eviction notice to ensure you are following the correct procedures and protecting yourself legally.
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Seek legal advice
If you are seeking to remove an alcoholic family member from your home in Texas, it is important to first seek legal advice to understand your rights and responsibilities. The specific circumstances will determine the legal options available to you.
Ownership of the Property
If the alcoholic family member is on the title deed of the property, they are an owner, and you cannot evict them. In this case, you may need to consider selling the property and moving elsewhere, or you may need to be the one to leave. If you are co-owners, you may be able to force a sale through a partition action, but this will require legal advice and action.
Tenancy
If the family member is not an owner but has been living in the property with your permission, they may be considered a tenant. In Texas, a residential "lease" can be a spoken or written agreement. If they are a tenant, you will need to follow the correct eviction procedures. You must first give the tenant a written notice to vacate. The amount of time given to vacate will depend on the agreement between you and the tenant. In Texas, an at-will tenant must be given at least three days' notice to vacate.
Evidence
To strengthen your case for eviction, you may present evidence of the tenant's alcohol use, such as filmed footage, pictures, or sworn testimonies.
Safety Concerns
If you are concerned about the safety of yourself or other family members, you should seek legal advice as soon as possible. If there are children in the home, a family court judge may order protective measures, including requiring the alcoholic parent to undergo an "OSAR" (outreach, screening, assessment, and referral) or complete a rehabilitation or recovery program before they can begin exercising their visitation rights. A judge can also make orders enjoining a parent from drinking alcohol for a specific time before or during their visitation period with the children. This could be in the form of a temporary restraining order or a temporary order. If there is an immediate risk of harm, you should contact the police.
Treatment Options
While seeking legal advice, it may also be beneficial to explore treatment options for the alcoholic family member. This could include finding a treatment specialist or counselor who can help them address their addiction.
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Consider treatment options
If you are considering removing an alcoholic family member from your home in Texas, you may want to think about treatment options for them. This could be a way to help them address their addiction and take steps towards recovery.
The Right Step is a Texas rehab program that offers comprehensive alcohol treatment to help men and women recover from alcohol addiction. They provide a welcoming environment and work with individuals to create a treatment plan based on their unique needs. Their alcohol detox program is recommended for those with severe addiction, and it involves medical monitoring in a safe location. During the detox, individuals will work through withdrawal symptoms and medication assistance is offered to control cravings.
Cypress Lake Recovery is another treatment option in Texas, offering holistic inpatient treatment for alcohol addiction. Their lodge is located on the shores of a lake in East Texas, providing a tranquil space for individuals to heal and reconnect with nature. They create individualized treatment plans that focus on treating the mind, body, and spirit, and they offer privacy and community to support the path to sobriety.
Specialized treatment services are also available for specific groups, such as pregnant women and women with dependent children. Family therapy is another option to consider, as it can play a role in recovery from substance abuse and help family members cope with the situation.
It is important to remember that seeking professional help is crucial when dealing with addiction, and there are resources available to support individuals and their families through the treatment and recovery process.
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Prioritise safety
Prioritising your safety and that of your loved ones is paramount when dealing with an alcoholic family member or housemate. Alcohol addiction can bring several problems into a person's home, and the alcoholic could be putting others in danger or creating an unhealthy environment, especially for children. If you are experiencing any form of abuse—whether physical, sexual, or emotional—this is a sign that you need to examine your situation and take action as soon as possible.
Violence and criminal behaviour may escalate if people tolerate it, so it is best to address the problem as early as possible. If your loved one is unwilling to change or seek treatment, you may need to consider removing them from your home. This may be a good prompt for them to start taking their addiction and recovery seriously.
If you are a homeowner, you may still have to go through formal eviction proceedings to remove a family member or housemate, even if they are not a tenant. This involves filing the appropriate paperwork and giving them written notice to vacate. It is important to learn the specific laws in your area before initiating eviction proceedings. For example, in Texas, a residential "lease" can be a spoken or written agreement, and tenants may be entitled to a certain number of days' notice before being required to move out.
To strengthen your case, you may want to present evidence such as filmed footage, paraphernalia, pictures, or sworn testimonies about the tenant’s alcohol use. If there is abuse or criminal activity involved, you may also want to call the police to document instances of emotional or physical violence. This is the first step to taking this to court, as judges will typically be unwilling to evict someone on the basis of substance use alone. They must be using the substance in a way that poses harm to you or your family.
If your loved one is willing to enter treatment, there are options to consider before eviction. Sober living homes provide a safe place for alcoholics to get a fresh start as they learn the skills needed to maintain long-term sobriety. Most homes require residents to attend an outpatient rehab program during their stay. However, if your loved one is actively drinking, they should enter a detox or other form of inpatient rehab before moving to a sober living home.
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Frequently asked questions
The first step is to try to reach an agreement with the alcoholic without going to court. If this is not possible, you may need to evict them. It is important to note that if you do not follow the correct procedures, the alcoholic may be able to bring a lawsuit against you.
Terminating the lease agreement begins with giving the tenant a written notice to vacate. The amount of time the tenant has before moving out will depend on the agreement between the tenant and landlord. An at-will tenant must be given at least 3 days' notice to vacate.
Evidence can help strengthen your case and file an eviction notice. You may present evidence such as filmed footage, paraphernalia, pictures, or sworn testimonies about the tenant’s alcohol use.
If the alcoholic is unwilling to change their behaviour and enter treatment, this may indicate that you should consider eviction. If there is abuse in your home, you must consider your safety and the safety of others and evict your loved one.
