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Old 10-07-2009, 12:38 PM
 
1 posts, read 26,510 times
Reputation: 16
Default Evicting a non paying guest in texas

Long story short my MIL allowed my crazy SIL to stay with her temporarily rent free to try to work some things out. It has been 10 months now and they have asked her to leave and she has made no attempt to seek other housing. They had it out a couple of nights ago and my FIL said for her (SIL) to pack her stuff up he was taking her back to her husbands house. My SIL called 911 (no physical threats were made) so the police would come. The police told my MIL that the SIL was considered a resident of the home since she receives mail there and they would have to give her a 30 day eviction notice and file an eviction with the courts. My MIL and FIL are the only names on the mortgage and there was no rent/lease agreement made with the SIL and she was just staying there for free temporarily. My MIL never expected it to turn into 10 months. The SIL is not mentally stable and not willing to reason with options my MIL has given, my MIL is at wits end and can't deal with it anymore. Does she really have to file an eviction notice and wait 30 long days to get her out? The residence is in Texas.
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Old 10-07-2009, 03:46 PM
 
Location: DFW - Coppell / Las Colinas
17,178 posts, read 15,225,887 times
Reputation: 15587
I would think it is a gray area since she is a family member but I would think she is no more than an invited guest. Can your MIL not just change the locks one day when she is at work or away from the home ? Let the FIL drive her to the mall for several hours while the lock smith is there. I would then have her stuff sitting outside when they returned.

The bad part is you say she is unstable. Is she predictable or crazy ? If she sets fire to the house one night they could all be in trouble.

You may need advice from an attorney

Also, can they afford to rent her a place for 3-6 months just to get her a place to go ?
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Old 10-07-2009, 05:32 PM
 
13,182 posts, read 7,200,776 times
Reputation: 4484
The Law requires that you must go to court to evict her and it is much more slower and expensive process since you do not have a lease. She could drag this out much longer than 30 days but most deadbeats who are unfamiliar with the process move out once they are required to appear in court.


But if you remove all of her belongings and change the locks...one could make the claim she abandoned the residence. The police would require her to present evidence that she lives there. A lease? Her property still in the dwelling? Her key works the locks? But you are getting into an area where you are likely to start lying to the police.

So you are in a bind.


It's a cliche ...............but possession is 9/10ths of the Law.

Last edited by padcrasher; 10-07-2009 at 06:28 PM..
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Old 10-07-2009, 08:25 PM
JS1
 
1,899 posts, read 3,707,979 times
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Would this work? Get rid of the b.s. verbal lease @ zero dollars per month... offer her a lease starting on Nov. 1 at reasonable terms, say $200 a month, and if she refuses, evict her for living there illegally. You can't live in someone else's home without a lease. That's my understanding, and I could be wrong.
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Old 10-07-2009, 09:15 PM
 
14,307 posts, read 25,605,657 times
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I take it this person is her daughter but your SIL--not her daughter in law...

if the main reason the police would not force her to leave was that she said she gets mail there then
they should go to the post office and have her taken off the mail list--
she has no lease and no utilities in her name--technically she can't receive mail there if they (the legal owners) do not allow it I believe--

most post offices make you show some proof of residency like current utility bill or lease -- probably she turned in change of address for her old address and mail for her was automatically routed to the new address w/o her turning in any proof that she belonged there---and if she is using the same name as the homeowners it is easy to see why it is getting in the box...

we have been in our current home for over a year and are still getting some mail for deceased mother of woman who lived here --they (for good reason) did not put in change of address for her when they moved but I am sure they notified post office when she passed away--the PO just does not check all that often for mail that should not be going to an address unless you bring it to their attention...

plus if the woman is not mentally stable and shows any sign of being abusive to the homeowners/parents they should call the police and have her taken away to jail/mental facility for observation--then they can get the locks changed and take her stuff back to her old house or whatever
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Old 12-10-2009, 08:52 AM
 
1 posts, read 26,166 times
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Hi, I have a tenant who has not paid rent in three months. She verbally makes an agreement to pay but fails to do so. She lives in Texas and will it be difficult to evict her without a lease.
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Old 01-01-2010, 02:10 PM
 
Location: Austin
16 posts, read 45,662 times
Reputation: 21
Post Evicting Relative

Under Texas law, she is considered an unofficial tenant. So you need to give her 30-days notice to vacate in writing. On an official level her rights are protected the same way a month to month tenant is protected-that's it. I would also suggest you give her notice on the first of the month to protect yourself. If she does not leave, you would have to file an eviction case within your specific jurisdiction.
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Old 01-01-2010, 08:49 PM
JS1
 
1,899 posts, read 3,707,979 times
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Quote:
Originally Posted by ajudice View Post
Hi, I have a tenant who has not paid rent in three months. She verbally makes an agreement to pay but fails to do so. She lives in Texas and will it be difficult to evict her without a lease.
Please post your question in the renting forum.
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Old 07-11-2011, 12:58 PM
 
1 posts, read 21,114 times
Reputation: 11
My neice is causing so much issues at my moms house. She has been claiming stays at my mom when she is not. She starts fights with her dad who also lives there and she does not pay any rent or help with the bills or anything there. When mom my asks her to do something or her dad she has a huge tantrum. My mother is 75 years old and my brother (her father who is on the disabled list) keep having cops called to the house because of her. Please Please help its getting worse what can I do to help my family get her out of that house!!!
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Old 07-11-2011, 11:43 PM
 
14,307 posts, read 25,605,657 times
Reputation: 4909
go see legal aid attorney
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