Recovery of Premises She just will not leave!!

[Horace E. Lee Jr]

Jurisdiction

Texas

My 90 yr old mother,who had my younger sister (57) voluntarily move in with her after our father passed away, recently had to move out of her own home and take up temporary residence with my youngest sister because the other sister has reduced the house to an unhealthy living environment for both herself & my mother?My mother has requested that she,my sister, remove herself from the property & seek permanent residence elsewhere so that the house can be professionally cleaned so that she can return to her home.I, having been granted Power of Attorney my our mother,have also requested strongly that she act accordingly or legal actions would be brought against her & yet she refuses to leave. She ask that she be provided time to search for a place and was granted 30 days which have expired.My youngest sister even offered assistance in the search but was told in so many words not to bother.She just will not leave!!!What can I do & what are my options?

 

[mightymoose]

You need to evict her. You are the landlord, she is the tenant. Learn the process and follow it exactly. If you do, and she does not leave when required, only then will help be available to you.

Also, if the condition of the home is really that bad, you might contact adult social services. There might be some assistance available there.

Regardless of anything else, begin the eviction process now.

 

[Horace E. Lee Jr]

You need to evict her. You are the landlord, she is the tenant. Learn the process and follow it exactly. If you do, and she does not leave when required, only then will help be available to you.

Also, if the condition of the home is really that bad, you might contact adult social services. There might be some assistance available there.

Regardless of anything else, begin the eviction process now.

Thank you sooo much mighty moose.

 

[Horace E. Lee Jr]

Thank you sooo much mighty moose.

What is my initial step to begin the process as I have never done such before?

 

[zddoodah]

Your mother (or you, if the power of attorney she gave you covers this situation) should consult with a local landlord-tenant attorney to make sure everything is done correctly.

 

[Horace E. Lee Jr]

Your mother (or you, if the power of attorney she gave you covers this situation) should consult with a local landlord-tenant attorney to make sure everything is done correctly.

Thank You very much.

 

[army judge]

What is my initial step to begin the process as I have never done such before?

You will first need write a letter to the tenant or squatter advising her/him/them to vacate the premises.

The landlord must first give the tenant written notice to vacate, demanding possession by a specific date.

The notice period stated in the written lease is sufficient, except that it cannot be less than 24 hours.
If no notice period is stated in the written lease, at least three (3) days notice must be given before an eviction lawsuit can be filed.

Exceptions to these general rules are cases where the tenant entered the real property without the landlord's authority to do so (no written notice is required), or if the law requires a different specific notice period.

This written notice must be sent by mail, given in person to the tenant, given in person to any person residing in the property who is at least sixteen (16) years of age, or posted on the inside of the main entry door to the leased property.

You have the power using your power of attorney in Texas (read the document to be sure, or the court clerk will further advise) to evict tenants or unwanted guests of your mother's.

Where you file depends on the exact location (Desoto or elsewhere in Dallas County) of the home in question.

Here are two possibilities, you can read the details and choose the applicable court:

Municipal Court | DeSoto, TX - Official Website

JP 1-2 | Evictions

An overview of the eviction process in Texas:

Municipal Court | DeSoto, TX - Official Website

The Eviction Process in Texas: Rules for Landlords and Property Managers

FAQ | Dallas and Tarrant County Attorney La'Donna Harlan