How to Evict a Family Member not paying rent

Question

BP,

I have a client that has an issue and I know the Pro's here can assist.  This client wants to sell her home but her daughter whom she agree to let stay there for 6 months has been there for 2 years and refuse to leave.  She hasn't paid any rent and the mom wants to know how she can have her evicted without having to make a big issue with the authorities.  I guess in a nut shell how can she show the daughter that she has to leave legally or else.

I though, just kindly have the authorities tell her to leave change the locks and file an order of protection if she returns but, Im not sure if that will be too much.  Is anyone privy to some information or the scenario, and if so what can be the less stressful solution per the state of Texas.

Greg H. · Answer

No,  in Texas the lack of a written lease or agreement assumes a month to month tenancy.  So, a 30 day notice is required to end the tenancy

Greg H. · Answer

Keep in mind that a 30 day notice to terminate the lease will have to be given first

If the tenant(daughter) does not vacate, the 3 day notice is given

At this point the eviction is filed.  Travis county will give the court date at the time of filing

The eviction should be quick and simple

After the eviction is granted, the daughter will have 5 days to appeal before the Writ of Possession can be filed and the Constable will coordinate a day for the forced move out.  I will say that going all the way is very rare(twice in 27+ years for me).  The entire eviction process after the 30 day notice is less than 30 days

Greg H. · Answer

With no written lease or other agreement, in Texas it would be assumed to be a month to month agreement.  Give the daughter a 30 day notice to terminate.  The acceptable means of delivery are: In person, by certified and regular mail or taped to the inside door of her residence(room in this case).  Following the expiration of the 30 days, if the daughter does not leave, the eviction process will need to be started with a 3 day notice followed by filing the eviction in the local JP Precinct

Changing the locks or calling the police is not acceptable as residency has been established

Kim Meredith Hampton · Answer

@Andre Key be careful, she has been there two years and has thus created residency even thought she does not have a lease. I would imaging that she will need to go through a proper eviction unless the state laws say differently

Andre Key · Answer

What if there is no lease than can that 30 right to terminate be waived

James Wise · Answer

Have to go through the traditional eviction process. The fact that they are related is not relevant.

Andre Key · Answer

Your right I definitely can't be giving legal advice but I'd like to be versed in it somewhat to give them an idea of what they are facing.

Andre Key · Answer

It appears that first you deliver a letter to vacate.  After 3 days you can file for eviction. If that goes in the landlords favor then there is a 5 day appeals period. My question is typically how long does it take for this to be brought before the court and a judge. Finally after the appeals time has passed you can file a writ of possession.  The sheriff or constable with give a 24 hour notice before escorting the tenant from the property. It appears that the writ of possession is an added fee as well.  I'm wondering if this can go from point a to z within 30 days?

How to Evict a Family Member not paying rent

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