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Old 05-06-2010, 10:33 PM
RGJ
 
1,902 posts, read 4,014,413 times
Reputation: 848

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I wouldn't suggest you go to the property no matter what rights you may have. There's really no reason to go there and all it'll do is cause you grief.....Let us know how it turns out.....
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Old 05-06-2010, 10:42 PM
 
Location: Charleston, SC
5,615 posts, read 12,791,258 times
Reputation: 2534
To the OP - learn your lesson from this experience yet? Be sure to post some kind of follow up - this stuff just falls off with no ending 9 out of 10 times.
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Old 05-08-2010, 02:23 PM
 
679 posts, read 2,603,958 times
Reputation: 203
Quote:
Originally Posted by mindybonner View Post
I purchased a house about 6 mths ago and allowed my childs mother and her 2 other children to live there rent free and with no kind of lease agreement to help her out alittle. When i lost my primary job i explained to her that she was either going to have to move or sign a lease agreement and start paying rent. She decided to move and said she'd be out by may 5th. Well 2 days ago via txts she informs me that she cant be out until june 7th. The problem is my ex said she doesnt want me on the propery(which i own) and that i was not to show the house until she is completely moved out. I had an appointment to show the house on may 7th to a couple who is intrested in renting starting in june. So i explain to my ex that she has to be out no later then may 31st and that i was still planning on showing the house next friday, but will i be breaking any laws by doing this?
I haven't read the rest of the thread, so I don't know if your question has been answered, or not.

Once you allowed her to take "control" of the property, you became the landlord, whether she is paying rent, or not. You need to give her a written notice to "quit". I don't know what Texas' landlord - tenant laws are but usually it is 30-60 days notice. In some states, you can give a three day notice, with cause. If Texas has that law, your cause would be the fact that she will not pay rent or sign a rental, after you have asked her to. You would need to file a petition to evict, with the courts, and have her evicted. As long as she has control of the property, you cannot show up and have people enter, without giving her fair notice. Being that she has your child, do you have concern that she may not have a place to go to and to try and help her find a place to house him/her? Good luck with everything.
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Old 05-08-2010, 08:35 PM
 
7 posts, read 10,184 times
Reputation: 13
Are you breaking any laws? You have to consider a couple things here. #1 whether or not your are breaking any laws and what she can do to the property to make it an unpleasant experience is to different things. At the end of the day if she has told you what she can do then send her a FIVE DAY notice via certified mail and regular (notice to vacant). The county that you reside determines what a judge will do. Don't believe Texas Property Code. Just because the code says it doesn't mean the judge does it. The law states that a three day notice be given, but some judges do not allow if sent by certified mail. That's why I say give five days. Don't give that notice until 7 days before the date that she said she is going to need. If you send it now and two or three weeks has passed some judges say you waited to long. Remember this. My experience is different with every court I go to. I have done hundreds of evictions and each just has their preferred methods. I always say never show a property where an eviction is taking place. If you lease the property and they are not out as planned you have wasted your time and the new residents could have a reason to sue you if they have given notice form their previous place and you can't deliver. This information is not legal advice, but I would suggest you just wait it out and give notice seven days prior to the date she says she can vacate. Alert her that this is what you are going to do to protect your interest. Never argue during the eviction process. You will gain nothing.
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Old 05-08-2010, 09:27 PM
RGJ
 
1,902 posts, read 4,014,413 times
Reputation: 848
I'm going to give the OP three pieces of advice(and this is based on 40+yrs of property management and real estate and a couple of spouses/girlfriends in similar situations). First, hire an attorney. Second, do not go to the property for any reason. Third, read number one and two again.

At this point, forget any DIY process or any other informative ideas from this thread/forum, you'll only lose. Oops, that's four pieces of advice

Last edited by RGJ; 05-08-2010 at 10:20 PM..
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Old 05-08-2010, 09:37 PM
 
Location: Fort Worth, Texas
10,732 posts, read 31,719,329 times
Reputation: 6773
Quote:
Originally Posted by mindybonner View Post
I purchased a house about 6 mths ago and allowed my childs mother and her 2 other children to live there rent free and with no kind of lease agreement to help her out alittle. When i lost my primary job i explained to her that she was either going to have to move or sign a lease agreement and start paying rent. She decided to move and said she'd be out by may 5th. Well 2 days ago via txts she informs me that she cant be out until june 7th. The problem is my ex said she doesnt want me on the propery(which i own) and that i was not to show the house until she is completely moved out. I had an appointment to show the house on may 7th to a couple who is intrested in renting starting in june. So i explain to my ex that she has to be out no later then may 31st and that i was still planning on showing the house next friday, but will i be breaking any laws by doing this?
Its different in every state but I know that here in Florida if there is nothing to identify a tenant landlord relationship, getting a person out of your property takes a LONG time and more then ONE simple visit to the courthouse.

Not a smart move letting her live there with nothing in writing. You should have at least had it in writing that she was a tenant at will, that you were letting her live there instead of for example paying a higher child support payment...but hind sight is 20/20.
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Old 05-14-2010, 09:31 AM
 
6 posts, read 8,295 times
Reputation: 10
ok i have sent her a notice to vacate & it gives her until the 17th of this month & I am not going on to the property with out a police officer accompanying me. Once i find out if she is moving or not, which i doubt, i am going to the jp to have her served with the eviction notice. She has said she has a place to go but that they are putting new floors in at the moment. Im thinking she is trying to drag this out as long as possiable so i will lose my place. i will keep yall posted on how it turns out.
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Old 05-14-2010, 03:02 PM
RGJ
 
1,902 posts, read 4,014,413 times
Reputation: 848
Sounds like you've made some good choices(after one or two bad choices).
Good Luck!
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Old 05-14-2010, 04:59 PM
 
Location: New Braunfels, TX
6,257 posts, read 8,986,685 times
Reputation: 6342
Yep - doing it the legal way will protect you better in the long run!
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Old 05-17-2010, 12:47 PM
 
Location: Deerfield
59 posts, read 133,374 times
Reputation: 45
I think a 72 hour notice to vacate may be a little short, but as long as you still run it through the justice of the peace like you plan (forceable entry and detainer is the legal term), then you should be golden.
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