Evicting someone from your home: no lease and they dont pay rent
newhowdyag2004
9:15p, 01/02/11
newhowdyag2004
2711 posts, joined 05/15/2009
Very long story, but I am evicting my mom from my home; I own it and only my name is on the mortgage. I let her move in last May (2010) but it is not working out (again long and personal story). I printed an eviction notice from online and filled it out and posted it on her bedroom door and gave her 30 days notice. If she doesn't leave at the 30 day mark, what do I do? I recorded on my phone me giving placing the letter on her door.

When she moved in there was no lease and I did not ask for rent. I have read that despite no lease I have to give notice and can't just kick her out/change the locks since she has taken up residence in my home (receives her mail here but there are no bills in her name).

Any suggestions?
JB AG02
9:38p, 01/02/11
JB AG02
1233 posts, joined 09/07/2002
this ought to be a good one...
JB AG02
9:39p, 01/02/11
JB AG02
1233 posts, joined 09/07/2002
this ought to be a good one...
JB AG02
9:39p, 01/02/11
JB AG02
1233 posts, joined 09/07/2002
this ought to be a good one...
JB AG02
9:39p, 01/02/11
JB AG02
1233 posts, joined 09/07/2002
this ought to be a good one...
JB AG02
9:40p, 01/02/11
JB AG02
1233 posts, joined 09/07/2002
ughhh...damn quad post

[This message has been edited by JB AG02 (edited 1/2/2011 9:42p).]
newhowdyag2004
9:44p, 01/02/11
newhowdyag2004
2711 posts, joined 05/15/2009
Please, this is not a troll.
DRE06
11:20p, 01/02/11
DRE06
13530 posts, joined 10/19/2006
Sounds like a tough situation.

Only advice is that I'd try to make it the least confrontational as possible, as I am familiar with a couple of situations where parent/child have fallen on rough times and relationships came back around years later.

Good luck.
newhowdyag2004
11:58p, 01/02/11
newhowdyag2004
2711 posts, joined 05/15/2009
Thanks, she has just gotten to the point where she won't seek help and of course won't admit there is a problem (alcohol related). My sister and I have done a lot of reading, by recovering alcoholics, and they have said that either the person will hit rock bottom and want to get better or then never do and end up alone. I just cannot take it anymore and have my own life to live.

I digress..any advice about the eviction process?
b.blauser
3:20a, 01/03/11
b.blauser
27674 posts, joined 12/03/1999
If there's a time when she's not there, hire some Apartment movers to load her stuff up. Lock it in a storage unit and leave an envelope in the middle of the floor of her empty room with the key to her storage unit inside.

IMG >
nnichols
6:58a, 01/03/11
nnichols
4980 posts, joined 08/19/2009
Contact the sheriff and begin the legal process of eviction. The tenant has rights to the establishment at this point, regaless
Of signed lease, and failure to legally provide documentation etc will likely result in legal action to the point if you don't cross you I and dot your t's, you will be the at fault party. What you think you need to do, and what you have done currently, are two different issues legally. My advice would be to start the entire process over again and legally check your timeline and requirements as your current course of action likely doesn't cover all your liability.
86 Tex Ag
11:09p, 01/04/11
86 Tex Ag
5426 posts, joined 12/03/2002
Do you also live there and are merely renting one of your rooms?

Best advice is to hire a real estate attorney. It is a pain in the rear to handle a DIY eviction through the court system.

Having said that, and if the likelihood is very remote that your mom has any sophistication to mount a legal challenge, just change the locks on all of your exterior doors. Just lock her out.

And then follow blauser's advice -- If there's a time when she's not there, hire some Apartment movers to load her stuff up. Lock it in a storage unit and give her the key to her storage unit.

Of course, that will cost you money (how long would you pay the storage fees?). If you do not need to re-use the room, just leave her stuff there and let her take things out on an "as needed" basis.

[This message has been edited by 86 Tex Ag (edited 1/4/2011 11:14p).]
powerbiscuit
11:53p, 01/04/11
powerbiscuit
38734 posts, joined 11/20/2002
Sorry to hear of your troubles. Best of luck to you and your mom. I wish I had some good advice.
TXAGFAN
10:39a, 01/05/11
TXAGFAN
15700 posts, joined 02/26/2003
Wow...that's tough. Is there any other family (i.e. her siblings) who can help you through this?
rdag04
11:32a, 01/05/11
rdag04
27113 posts, joined 11/19/2007
change the locks. leave her stuff outside in a locked space.

much like others said. with no lease and only your name on the mortgage, the easiest thing to do is just to physically keep her out. if you breaks in, call the cops.
The Anchor
11:38a, 01/05/11
The Anchor
7755 posts, joined 05/01/2008
^ she has a legal right to be there since she is a resident of the property. Doing this may only cause her to damage the property she has a legal right to be in. There is nothing the cops can do even if she damages the place. She has to be evicted.
Junkhead
11:41a, 01/05/11
Junkhead
53497 posts, joined 09/17/2008
Sounds like she needs a good poop slap.
DwightSchrute
11:35p, 01/08/11
DwightSchrute
4244 posts, joined 04/17/2007
definitely hire an atty first thing on Monday morning, and start reading the Texas property code now to get at least a little familiar with it. Courts will not see this is as a family issue, purely legal. And guess what, the property code in this great state of ours is for all intents and purposes written to protect the tenant, not the owner/landlord. The theory is the lesser of the evils is to cause a headache for the landlord than to make the tenant homeless.

I purchased a home on foreclosure a few years ago and had tenants living there with whom i obviously had no contract. It was a gigantic pain the ass, but you definitely, 100% sure, no questions asked MUST get an attorney for this to make sure you cover your bases. You might think you're being real clever throwing her stuff out, changing the locks, etc etc etc, but you'll find yourself as the defendant real quick if you're not careful and don't know what you are and are not allowed to do per the TPC.

http://www.statutes.legis.state.tx.us/ start with chapter 92, specifically unlawful lockouts, removal of property, etc.

I cannot remember where it is, but they've got clauses in there for if there is no contract or lease in place, that many of those laws apply just the same.

Most importantly, even though the courts will only see this as a legal matter, for you it should remain a family matter as best as possible, even if it does require going to court. Even when they are at their worst, my dad told me a long time ago that "family is everything, all the rest are strangers."
Goose
9:21a, 01/09/11
Goose
29768 posts, joined 11/21/2000
quote:
Most importantly, even though the courts will only see this as a legal matter, for you it should remain a family matter as best as possible, even if it does require going to court. Even when they are at their worst, my dad told me a long time ago that "family is everything, all the rest are strangers."


My opinion would be that in your mind it needs to be one or the other and there can be no looking back. If you choose to go the legal route, you better have it square in your brain that the family element is done and gone. You'll have to if you want to be able to follow through with everything.

KW02
10:21a, 01/11/11
KW02
7223 posts, joined 12/13/2004
Fightin_Farmer
11:44p, 01/13/11
Fightin_Farmer
2466 posts, joined 07/06/2010
Be very careful to follow the law and definitely do not go the "lock her out" or "put her stuff in storage" route because she has tenant rights as it stands.

I would try to use the "carrot" approach and offer her some money and help to move out. Unfortunately, she will probably have to hit rock bottom on her own before turning her life around. What a sad situation
(Page 1 of 1)
Watchlist Add Reply New Topic
Forums Premium Watchlist
Non-Mobile Version
Copyright ©2014 Maroon & White LP.
All rights reserved.
[ Log On ]