1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Eviction

Discussion in 'Eviction, Recovery of Premises' started by Alerma, Jan 10, 2019.

  1. Alerma

    Alerma Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Texas
    Exwife of 18 years moved in last December. She gives me cash to help with bills and some rent $500 or whatever I chose. I told her she needed to move out after to many of the same issues while we were married. She told me while drunk that I would have to evict her if I wanted her out. We have no rent agreement contract or agree to command law. Although she threw that at me. I read some of the blogs and I have not agreeed to that. What do I need to do if she doesn’t leave and I need to evict her from my own home?
     
  2. army judge

    army judge Super Moderator

    Messages:
    30,158
    Likes Received:
    4,022
    Trophy Points:
    113

    Contrary to popular belief, there is a rent contract/lease.
    She is protected by state law.
    No property transactions can take place without a lease, contract, or statutory protections anywhere in the USA.

    This protection/requirement stems from English common law and the infamous or famous "statute of frauds".

    Our Texas legislature has created a statute to allow for month to month tenants at law, rather than by lease (should the parties so choose).


    How Eviction Process Works: A Serial Guide And Tenant Ouster For Landlords


    You can offer her MONEY to leave voluntarily.
    If you choose that option, make sure you draft a contract indicating you will give her $XXX to leave on SOME DATE CERTAIN, take all of her junk, and the money will be paid when she and all her JUNK have been removed from YOUR home.

    You can pay her at police or sheriff station, make sure you add that to the contract.

    Protect yourself, and never allow anyone to live in your home.
    You live in a home, not a hostel.

    Protect your home.

    Your other option is the obvious one, a formal eviction.

    This explains eviction in Seguin County:

    Justice of the Peace, Precinct 3

    http://www.co.guadalupe.tx.us/jp4/pdfs/evictions/how-to_eviction.pdf

    A JP Court:

    Justice of the Peace, Precinct 4

    You must choose the correct JP Court, if that applies, fir the place and precinct where the property is located.


    Good luck.
     
    Michael Wechsler likes this.
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    8,875
    Likes Received:
    485
    Trophy Points:
    83

    When you say last December I think we're all assuming you mean December 2017. If so, you've got your answer.
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    2,743
    Likes Received:
    525
    Trophy Points:
    113

    Regardless of the lack of a written lease (I have no idea what "agree to command law" might mean), this woman is your tenant (unless your reference to "last December" means December 2018, in which case you might be able to take the position that she's only a short-term guest). As such, you'll need to follow the landlord-tenant laws in order to evict her.
     
  5. Alerma

    Alerma Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    (Agree to command law. ) We had no agreement if she moved in we would be considering command law marriage. We agreed that she would help me by giving that amount to help with some expenses not rent.
     
  6. army judge

    army judge Super Moderator

    Messages:
    30,158
    Likes Received:
    4,022
    Trophy Points:
    113


    I think you mean "common law marriage".

    The issue of marriage isn't relevant.

    The ONLY legal issue here is that you have a tenant, and you now want the tenant out of your home.

    In Texas there is only one legal way to do that, based upon the information you've recited above.

    Follow the instructions on the links above EXACTLY as instructed, and she'll eventually be evicted.

    How long?

    That depends upon many things, but usually NOT less than six to eight weeks, give or take a week or so, if you do it correctly.
     
    Michael Wechsler likes this.
  7. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    8,875
    Likes Received:
    485
    Trophy Points:
    83

    It's a good point but I saw that there was some type of rental agreement - "$500 or whatever I choose." If there was payment of rent, it would appear that there is a tenancy created. As to duration, it depends upon state law. As such, it would appear that the Texas State Law applies and the eviction process would need to be followed in order to eject a tenant who refuses to leave after the term.

     
  8. zddoodah

    zddoodah Well-Known Member

    Messages:
    2,743
    Likes Received:
    525
    Trophy Points:
    113

    It's not "command law." You're talking about a common law marriage. Your ex-wife could argue that, when you started living together again, you formed a common law marriage. That would significantly complicate things.
     

Share This Page