My ex GF will not leave my house. Threatens I need to I will be in trouble if I touch her belongings

[TexasCarlos123]

Jurisdiction

Texas

-Texas
-Fathers House. In his name. I live in it. Ex Gf also.
-No lease with her name on signature on it.
-She pays no bills here.
-She does receive mail here now.

In Jan 2020, my gf at the time was forced to move out of now ex-husbands house. She told me she had nowhere to go so I lended her a room in my fathers house to stay temporarily while she saved up enough money for her to live on her own.

Fast forward to May 2021 and she is still here. No job, pays no bills. She claims she is "getting her things together to leave" but nothing has changed. Even mentioned to me that she does not have to sign an eviction notice If I give her one.

What can I do to get her to leave?

 

[Zigner]

She will need to be properly evicted. Your father may need to be involved. It's time to speak to a local attorney.

 

[adjusterjack]

What can I do to get her to leave?

Try handing her a written 30 day notice that her tenancy is terminated. Make sure you have a witness to the delivery. If she is still there after 30 days, file for eviction in court.

No, she doesn't have to sign anything or cooperate.

Yes, your father may have to be involved. Yes, you may need to hire a lawyer.

An alternative is to offer her money to leave.

 

[zddoodah]

Even mentioned to me that she does not have to sign an eviction notice If I give her one.

That is, of course, correct. She doesn't "have to sign" anything.

What can I do to get her to leave?

You? Nothing. It's not your house, so she's not your tenant, so you have no ability to have her removed. Your father, as the owner of the house, will have to evict her if he wants her out.

 

[army judge]

The sad lesson here for others entertaining whether to allow some unfortunate soul to reside in your home (or the home of another to which you have access), is simply say, "Gee, I'd love to let you stay here, but WHEN things sour between us getting you out will become very difficult."

Never, under any circumstances should YOU allow anyone but your spouse and minor children to reside in your home.

The spouse has the right to be there by virtue of marriage.

Your children are your charge until they reach the age of majority.

You can give the poor soul some of your loot to help her/him find her/his own home.

You can give the person money to allow him/her to stay in a hotel until suitable permanent digs can be acquired.

If you are asked to co-sign on the person's lease, that is an equally dumb idea.

As anyone can see, allowing the poor soul into your home is far easier than getting the future deadbeat out!

 

[TexasCarlos123]

My father is on board with having my ex gf removed. Just want to do it properly with the law on our side.

Is it as simple as printing one of many eviction notice papers from the internet and having her sign it?

What if she refuses to sign the eviction notice, then what?

 

[Zigner]

My father is on board with having my ex gf removed. Just want to do it properly with the law on our side.

That can make things much smoother.

Is it as simple as printing one of many eviction notice papers from the internet and having her sign it?

What if she refuses to sign the eviction notice, then what?

She doesn't have to sign a thing...it's not even part of the process.
Very generally, you and your father should both give her a month's notice that you are terminating her tenancy. If she fails to leave after that month is up, then you would proceed with legal proceedings.

PROPERTY CODE CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS

 

[Zigner]

You? Nothing. It's not your house, so she's not your tenant, so you have no ability to have her removed. Your father, as the owner of the house, will have to evict her if he wants her out.

This subject was recently discussed on another (unrelated) thread in which others disagreed with you.

In any case, I believe it would be wise for both the OP and the father to do this together. That will head off any attempts by the tenant to muddy the waters with claims that the OP is her landlord vs the father being the landlord. I really don't think it can hurt to have them both involved with this.

 

[zddoodah]

Is it as simple as printing one of many eviction notice papers from the internet and having her sign it?

If she's willing to sign some "eviction notice paper," then she's probably willing to move voluntarily, and if she's willing to move voluntarily, then it will be neither necessary nor particularly helpful for her to sign anything. If she's not willing to leave voluntarily, then she'll need to be evicted, which is a process that starts with service of a notice of termination of tenancy. Can you find that form online? Yes. However, it would be wise for your father to engage the services of an attorney who regularly handles eviction matters to ensure this gets done correctly.

This subject was recently discussed on another (unrelated) thread in which others disagreed with you.

That doesn't make any sense. If this other thread was, in fact, unrelated, to this one, then any disagreement had nothing to do with this OP's situation.

I believe it would be wise for both the OP and the father to do this together. That will head off any attempts by the tenant to muddy the waters with claims that the OP is her landlord vs the father being the landlord. I really don't think it can hurt to have them both involved with this.

I strongly agree that the father (and, if applicable, the OP) follow whatever recommendations that the lawyer he should consult with and retain makes.

 

[Zigner]

That doesn't make any sense. If this other thread was, in fact, unrelated, to this one, then any disagreement had nothing to do with this OP's situation.

It was unrelated in that it wasn't involving this OP, however, the situation was similar. You contended in that thread that a tenant (lessee) who sublets to another party (sub-lessee) would have no ability to take steps towards eviction because the tenant (lessee) is not the property owner. That is the same statement you made here and I was pointing out that not everybody agrees with your opinion on that matter.

(If you really don't remember that thread from within the last day, then you may wish to consult with a neurologist.)

 

[TexasCarlos123]

-Summary: Fathers house in his name. Father lives in it, I live in it & ex girlfriend lives in it. Ex needs to leave and father and I agree. Ex has no job, ties to the property, pays no bills in the house but does receive mail here. I don't THINK she is technically a "Squatter" in this situation but if so, please enlighten me. Ex has been verbally asked to prepare to leave and to leave for aprox 5 months but not given any letter or written statement. We feel advantage is now being taken. (Just incase there was any misunderstanding)

-How this happened: Ex arrived in Jan 2020 after she was forced to move out of Ex husbands house. I offered her a place to stay with me in my fathers house while she was supposed to get a job, save money and then get her own place.

-What I Gathered: (I'm asking) Father needs to give Ex a verbal or written statement with a months notice to leave? If Ex fails to leave, then father obtains official eviction papers and serve them to the ex? Also, looking into paid services like Legal Shield, Legal Zoom, Rocket Legal. Gladly taking any recommendations.

My apologies for any overstating or anything I'm saying or doing wrong. I am new to this. Very touchy situation bc I have love for this person but it is time for them to go and I want to make sure this is handled correctly and with proper time for the Ex to move their belongings. Very sorry for any inconvenience.

 

[Zigner]

-What I Gathered: (I'm asking) Father needs to give Ex a verbal or written statement with a months notice to leave? If Ex fails to leave, then father obtains official eviction papers and serve them to the ex? Also, looking into paid services like Legal Shield, Legal Zoom, Rocket Legal. Gladly taking any recommendations.

It needs to be IN WRITING. Did you actually read the information that was given to you above?

 

[army judge]

How this happened: Ex arrived in Jan 2020 after she was forced to move out of Ex husbands house. I offered her a place to stay with me in my fathers house while she was supposed to get a job, save money and then get her own place.

Never allow anyone to live in the place YOU call HOME.

If you live in another person's HOME, ALWAYS advise the homeowner NOT to allow deadbeats and troubled people to live there, too!

Never listen to the SOB stories of others, UNLESS you are paid to do so.

Hard luck stories and other tales of woe usually are told to get your sympathy and to make you IGNORE the reasonable voice in your head that is screaming, "JUST SAY NO!"

If you struggle to pay your rent or are living RENT FREE in the home of another, don't allow your BENEFACTOR (or yourself) to be bamboozled. NO is a small, but powerful, lifesaving word, I've used it most of my life. I suggest you practice saying NO, then use NO whenever you feel UNSURE about saying YES!

-How this happened: Ex arrived in Jan 2020 after she was forced to move out of Ex husbands house. I offered her a place to stay with me in my fathers house while she was supposed to get a job, save money and then get her own place.

It doesn't matter HOW the deadbeat or the troublemaker came to live in the home.
It ONLY matters that the homeowner must follow the eviction laws of TEXAS to lawfully have the deadbeat/troublemaker/liar EVICTED.

I am new to this. Very touchy situation bc I have love for this person but it is time for them to go and I want to make sure this is handled correctly and with proper time for the Ex to move their belongings.

There is nothing unique about the predicament in which you find yourself.

Love doesn't pay any bills.

Never fall in love with a deadbeat, liar, cheater, thief, pervert, deviate, dope addict, scammer, con-artist, bamboozler, or FREE LOADER.

Love should never hurt you, if it does, it ain't love.

If you are UNABLE to care for yourself, there is no way you can help others!

You'll never see two dope dealers, hookers, or more than one swindler working the same corner.

Why?

Think about it, if it puzzles you.

 

[zddoodah]

I don't THINK she is technically a "Squatter" in this situation but if so, please enlighten me.

"Squatter" isn't a term that has any legal meaning. She a tenant (either to your father or a subtenant to you).

Ex has been verbally asked to prepare to leave and to leave for aprox 5 months but not given any letter or written statement. We feel advantage is now being taken.

She's taken advantage of your/your father's failure to do what is legally necessary to evict her. I think we all understood that 2+ weeks ago when you originally posted.

What I Gathered: (I'm asking) Father needs to give Ex a verbal or written statement with a months notice to leave?

Not a verbal statement. Your father or you will need to give her an appropriate, written notice of termination of tenancy. Verbal notice is not valid.

If Ex fails to leave, then father obtains official eviction papers and serve them to the ex? Also, looking into paid services like Legal Shield, Legal Zoom, Rocket Legal. Gladly taking any recommendations.

Hire a lawyer. The extra money will be worth it to make sure everything is being done correctly.

 

[adjusterjack]

I am new to this. Very touchy situation bc I have love for this person but it is time for them to go and I want to make sure this is handled correctly and with proper time for the Ex to move their belongings.

All the more reason to have a lawyer handle this. You've already displayed an inability to handle this situation properly.

 

[Tax Counsel]

Never allow anyone to live in the place YOU call HOME.

A rather uncharitable and unloving position. If you truly believe that, you would never marry and let your spouse live in your home. You'd never allow any kids, grandkids, parents, or other close relatives live in your home. You'd never let close friends who were there when you needed help live in your home. You'd live there completely alone your entire life, self assured that you'll never have to deal with kicking anyone out should things go sour, but never experiencing the joy you can have sharing things with others and helping out those who are less fortunate than yourself. If that's how you want to approach your life, knock yourself out. But I take a rather different view of things. There are some people I would happily welcome into my home should the need arise.