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justiceb4all
justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12554
Experience:  Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,
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My husband, received this land in Conroe, TX from s father,,

Customer Question

Robert, my husband, received this land in Conroe, TX from his father, Charles, via quit claim deed. Robert tried to evict his older brother, Ronald - and wife Tina, in court... because they would not agree to pay rent to my husband. On the other hand,
the middle brother agreed to pay the rent. Ronald and his wife have been living here before the land changed names, and they have a mobile home on one section of the property. Now when we went to court to evict Ronald and Tina, the judge said that it was out
of his jurisdiction and that it seemed more like a family matter.... I just think that my husband did not really know what to say when he tried to represent him self. Since court, Ronald and his wife, have sent us a letter informing us that they are trying
to close on a house... its been a while and yes we have seen them move items from their home. We are guessing they have closed. The question at hand stands at: Now that they are on their way out, do we get to tell them how much time they have to get their
stuff out.... or are we at least able to turn off the one utility that they do not pay for - electric source for water!?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  justiceb4all replied 1 year ago.

Hi, and Welcome to JustAnswer, Thank you for your question, In Answe to your question of whether or not you can tell your brother in law and his wife how much time they have to vacate the property -

ANSWER - You have to treat your brother in law nd his wife as tenants whose lease has expired and in order to protect yourself fro any liability, it would be a good idea if this communication were in writing. It can be a friendly, but stern reminder, along the following lines,

Dear __________,

"I understand that you have had settlement on the property you purchased. Therefore, please consider this your 60 days Notice to vacate the property you have been occupying. If the information we received is incorrect and you have not gone to settlement, kindly let us know your time frame so that we can make appropriate arrangements to show the property to prospective tenants ........... etc.

Do not turn off any utilities. The law does not give this right to landlords, whether or not their tenants are paying rent. If you turn off any utilities, regardless of who pays the charges, your brother in law can report you for doing this and a Judge will impose some very severe fines and penalties on you and your husband. I realize that thi is not fair, but the law is unfair many, may times. Even where a non-related tenant has failed to pay rent for many, many months, the law does not allow the landlord to shut off any utilities, regardless of the name the utilities are in.

I sincerely ***** ***** I could have given you Answers that were more favorable to your position, but I have an ethical obligation to give you correct Answers and ones on which you can rely,

If ​ I have not fully Answered your question lease let me now and I will be glad to explain further,

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Kindest Regards,

ANDREA

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