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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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I am retired and last three years have been living with my

Customer Question

I am retired and for the last three years have been living with my 86 year old mother helping. along with my sister(married and living separately) take care of her. She has requested that I move claiming I can not care for her properly. While this hurts, I am willing to comply but living on social security, might take some time. What rights do I have in Texas?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Assuming that you don't have anything in writing governing the period of time that you will be living there or any agreement pertaining to the length that you're able to stay, you would likely be seen as a "month to month tenant". Even a long term houseguest would be seen as a tenant, but the fact that you've been providing services for your mother would probably be seen as "consideration" (something bargained for) and as such the regular rules of tenancy termination, notice to vacate, etc... would need to be given to you. That means that the owner of the property (your mother) would need to give you 30 days written notice terminating any tenancy and for you to vacate. If you remain after those 30 days, she would need to take you to court to evict you (which would take at least another 2 weeks, sometimes another month or more depending on the docket of the court that would hear the eviction case). You could also bring up defenses at the eviction case, such as the fact that your mother is senile and doesn't understand the nature of her actions (and therefore cannot represent herself in court and can't kick you out). Now it would be best for you to obtain a guardianship over her if this truly is the case, but it's still a defense that you can bring up and hopefully stay a bit longer.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

Hello?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Were you able to see my answer? I see that you have viewed the answer, but have not responded.