How to evict a "tenant" in Texas who's not exactly a tenant.

[Helga]

There has been a young couple staying with my grandmother in her home for the past two months. They are not paying any rent so I'm not sure if they are still considered "tenants" under the law. They do pay one partial bill (which is the light bill) and they have cable/internet service which they pay on their own. Aside from this, the young lady from this couple is serving as a home provider for my grandmother (part-time).

My question is the following. How would I go about evicting these people from my grandmother's home? Would I be required to follow the Texas state law for an eviction process (the 30 day wait and the court proceedings) or is there a way to handle this in a more speedy manner?

The couple has been told we desire them to move out but they have been resistant to the move.

There were never any written documents about their living arrangements. It was all oral. The agreement was basically that they would care for my grandmother, be hired as a provider, and pay a partial bill if they could afford it. There was never an alloted time to how long they could be at the residence.

Do I need a cause for having them evicted or can the reason simply be that my family no longer requires their services and that my grandmother is not comfortable with the young couple? Is that enough to get them out of her home?

If you can give me some advice, please do so. I would really appreciate help on this as soon as possible! Thank you in advance.

Helga (from Texas)

 

[Gail_in_Georgia]

Do you have the legal authority to make such decisions for your grandmother?

Gail

 

[jharris352]

You created a tenant at will. It is not true that they do not pay rent. They pay rent in kind by taking care of your grandmother, they pay a bill, and they have cable service at her home. Firstly, you can not evict them at all unless you own grandma's house. Texas is pretty liberal about who can file so you might be able to file on grandma's behalf, but it is likely that grandma will have to file. You don't need anymore reason than it's time to leave. You need to give them 30 days notice that you are filing for eviction. You need to safeguard your Grandmother and her things if you think it might get hairy. Then you need to file for eviction, have them served and go to the hearing when you have one.

Here are the procedures in Texas: http://www.tenant.net/Other_Areas/Texas/txlihs/tenadvis.html#anchor1034261

 

[Helga]

Gail - Actually I was asking on my mother and uncle's behalf who handle all of my grandmothers' affairs. I don't know if they have legal authority. How would they go about getting it if they don't already have it?

Jharris - My grandmother is senile and my mother and uncle handle all of her affairs. I was wondering if you could tell me if these types of proceedings (filing for eviction) are pretty straightforward or would it be advisable to seek some type of legal assistance (ie. hire a lawyer)? I'm asking because my family and I have little to no experience with the legal system.



Thank you both!

 

[jharris352]

Well if your uncle handles her affairs, Texas is an easy state for him to do an eviction for her in.

Evictions are meant to be pretty straight forward. Follow the instructions I sent you in that link and you should be able to get through it easily. Safeguard your grandma while this is going through. You don't want some young punk taking it out on her or her things because you are evicting him.

If he acts threatening to her in any way, call the police and immediately go down and get a Restraining order (go to the clerk and tell them you need a restraining order they will show you how). If that is granted you will get an immediate eviction with armed Deputies. Good luck, take care of Grandma

 

[Gail_in_Georgia]

A "tenancy at will" (sometimes also known as "at sufferance) in Texas involves tenants who stay at a place but pay no actual rent. Such tenancies can be terminated "at will" by the landlord; however, the landlord can't actually kick them out (if they refuse to leave) without a court order granting an actual eviction. This means the landlord can't change locks on the doors, physically remove the tenants items, etc. without such an order.

The first step is to notify the tenants that the landlord is terminating this tenancy at will. Generally a written notice giving them 30 days to leave needs to be provided. If they have not vacated the place after this time period the next step is to go to the clerk of court (often found in the court house or the municipal building depending on your county) and file for the actual eviction.

Tell your mother and uncle to begin this process. Even if they have not legally been given the right to handle grandma's financial affairs, it is unlikely this couple is going to know this.

As previously pointed out...if the reason to get this couple out involves concerns about the safety and health of grandma then getting law enforcement involved via a restraining order would be the first step. This now becomes an emergency situation with the status of a demented elder at possible risk.


Gail