Houston, TX asked in Criminal Law and Landlord - Tenant for Texas

Q: My gf brother is using illegal drugs in my house and won’t stop also has threatened to kill us if we got in the way

What can I do?

1 Lawyer Answer
Stephen A. Nicholas
Stephen A. Nicholas
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: So many questions for a seemingly simple situation. Assuming this is an adult, non-household resident, not living there with your GF, and your GF doesn't approve of his drug use; call the sheriff or local police agency so that they can assist you in removing this person and hear any threats he might make. If he is sharing the residence and receives mail there or has a written agreement with you regarding his living there, sharing with the expenses and is otherwise a "tenant," then you might have to evict him through the court system. JP Court is pretty user friendly in this regard, even without a written lease. Then there is the complication of his threatening to "kill" you part, which, depending on when it was made and how serious you felt it was as a legitimate threat of SBI, that may be a Texas Penal Code violation in and of itself, and subject the person to arrest. I am supposing that your GF is supportive of your position and doesn't want her brother using drugs and making threats, as well, so my remarks were made with that thought in mind. There are many unknown variables to your situation that are not given so my suggestions may not apply. Sitting down with an actual attorney for a consultation would get you the best help. Best of Luck.

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