Evicting a housemate

ChipCello

New Member
Jurisdiction
Texas
I am the POA for my mother. I live in Washington State, she lives in Plano, Texas. about 2 and 1/2 years ago, she allowed her monthly house cleaner to move in with her. The house cleaner had been living in a shelter, or low rent housing. My mother wanted to help her out and also have someone else in the house with her. My mother owns her home and didn't ask for any rent. She only asked Ann (not her real name) to help with keeping the house clean. In my view, Margaret never cleaned very well to begin with, and i let my mother know this. I even drew up a House Cleaning request for Ann so she would know what was expected of her. Over the last several months she has not been cleaning. In fact, if drops something on the floor, she will just leave it there for my 87 year old mother to clean up. Many times she will make a mess on the kitchen counter top and not clean it up causing my mother to clean it up simply to fix herself something to eat. Ann doesn't clean the house at all anymore. Her bedroom and bathroom (which is the guest bathroom and has the only bathtub in the house) is filthy. My mother has to ask any of her guests to use her private bathroom. Last March we told Ann that we wanted her to leave by June 1, giving her ample time to fine another place. My mother even tried to help her find a place, but Ann wouldn't talk to her about it. She still hasn't left, nor has she lifted a finger to try. I have drawn up a letter of eviction for my mother to sign and to send to her. I would really like to not have to go all the way down to Texas to deal with this, so I'm trying to do it all correctly so I don't. Do I have to give Ann 30 days notice, or just 3?
 
If you have POA you don't need mom to sign anything. You can likely hire someone in Texas to handle this for you.
You are going to have to give a 30 day notice.
Do a little googling to learn how to evict a tenant in Texas and learn the procedure and timeline. You are essentially the landlord and need to make sure you do things properly so you don't end up having to start all over from the beginning.
 
Do I have to give Ann 30 days notice, or just 3?

Unfortunately, Ann is not a tenant, she is a resident employee who is provided lodging in exchange for services and therefore not subject to the Texas landlord tenant statute which applies only to landlords and tenants of residential rental property. See 92.001 and 92.002:

2015 Texas Statutes :: PROPERTY CODE :: TITLE 8 - LANDLORD AND TENANT :: CHAPTER 92 - RESIDENTIAL TENANCIES

I suggest you talk to a Texas attorney about how to handle that situation properly so it doesn't backfire.
 
Seems it could work either way.
The housekeeper was not paid. She provided service in lieu of rent.
Not so much an employee as a broke tenant.
 
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