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N Cal Atty
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9083
Experience:  I've represented both landlords and tenants.
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I am renting my house to my daughter and son-in-law, they

Customer Question

I am renting my house to my daughter and son-in-law, they are now have decided to divorce and are fighting all the time and he is refusing to leave the home. He thinks he is going to keep that house when all of the bills are in mine and my husbands name, the mortgage is in our name! The house is our, we are just renting the house to my daughter!! What can we do to get him to leave? He sent me a text yesterday saying that he was moving A.S.A.P and now he said he's not going anywhere!!!!
Submitted: 6 months ago.
Category: Landlord-Tenant
Customer: replied 6 months ago.
I did not give my daughter and her husband a lease they are month to month.
Expert:  N Cal Atty replied 6 months ago.

I am sorry to hear this.

I need to know where the rental property is located as there are often local ordinances that affect evictions.

Is there a written rental agreement?

Customer: replied 6 months ago.
The property is at 2504 Hidden Hills Dr
Killeen, TX 76543No I did not give my daughter a written rental agreement. I did write out rent receipts to her in her name every month.
Expert:  N Cal Atty replied 6 months ago.

There is no local eviction or rent ordinance at

https://www2.municode.com/library/tx/killeen/codes/code_of_ordinances

You should be able to evict him using a 30 day notice, according to

http://www.nolo.com/legal-encyclopedia/texas-notice-requirements-terminate-month-month-tenancy.html

Texas Property Code:

TITLE 8. LANDLORD AND TENANT

CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.

(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:

(1) the day given in the notice for termination; or

(2) one month after the day on which the notice is given.

///

via http://www.statutes.legis.state.tx.us/?link=PR

There is a 30 day notice form linked from

https://wikidownload.com/wiki/texas-eviction-notice-forms/ that you can use as a model.

You can get a free consultation from some of the local landlord tenant attorneys listed here.

If he does not leave after 30 days you will need to consult a local attorney.

In general a month to month rental can be terminated by either landlord or tenant on 30 days notice for no reason, and the notice does not need to state any reason.

I hope this information is helpful.

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