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How do I evict a family member

Discussion in 'Other Residential Landlord & Tenant Issues' started by Brooke2773, Jun 10, 2018.

  1. Brooke2773

    Brooke2773 Law Topic Starter New Member

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    Jurisdiction:
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    My daughter, son n law, and her children have been living in my home. They do NOT pay rent or any utilities. I have not asked it of them. I have been providing groceries/household goods for everyone, and providing clothing, diapers, and other necessities for the children. I have also been babysitting when they were both at work free of charge. I have been doing this so they would be able to save money to get a place of their own. My daughter and her husband have been fighting a LOT lately. She finally asked him to leave. He refuses. He told her to evict him. As it is my home, I know that I must be the one to do this. I don't know how to go about this. There is no lease, no rents, all the forms I have found want a reason. The reason is I don't want him living in my home anymore. How do I go about this legally?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    I suggest you consult a lawyer. Family eviction is difficult. He's not a tenant and he has rights to be with his child until a court says otherwise. A lawyer may scare him into leaving.

    The other option is for your daughter to file for divorce and include is removal from the house as part of the initial petition. She'll also need a lawyer.

    The longer you let this go without a lawyer's help, the worse it's going to get.
     
  3. mightymoose

    mightymoose Well-Known Member

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    Evict him the same as you would anyone else. Lack of lease agreement is not a major issue.
    Go to your local court (or its website) and you should find a wealth of informal about the process. It may be referred to as unlawful detainer.
    Learn the process and follow it step by step or hire an attorney to handle it for you.
     
  4. zddoodah

    zddoodah Well-Known Member

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    I disagree. Nothing in the original post suggests this person isn't a tenant.

    I agree, however, that the smart thing for the OP to do is to hire a local lawyer who knows the ins and outs of evictions. The OP should also be prepared to seek a restraining order.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    EVERYTHING in the original post makes it clear that he is not a tenant:

    My daughter, son n law, and her children have been living in my home. They do NOT pay rent or any utilities. I have not asked it of them. I have been providing groceries/household goods for everyone, and providing clothing, diapers, and other necessities for the children. I have also been babysitting when they were both at work free of charge. I have been doing this so they would be able to save money to get a place of their own.

    He's a guest who has worn out his welcome and has no tenant rights.

    And if that's not enough see the Texas Property Code:

    TITLE 8. LANDLORD AND TENANT - CHAPTER 92. RESIDENTIAL TENANCIES
    SUBCHAPTER A. GENERAL PROVISIONS
    Sec. 92.001. DEFINITIONS. Except as otherwise provided by this chapter, in this chapter:
    (6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent.

    2017 Texas Statutes :: PROPERTY CODE :: TITLE 8 - LANDLORD AND TENANT :: CHAPTER 92 - RESIDENTIAL TENANCIES

    Eviction of an unauthorized occupant might be one way but, in this case, there's a faster way but it's up to the daughter to file for the restraining order that will get him removed from the property.
     

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