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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99470
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter and son in law worked and lived at a ranch in

Customer Question

My daughter and son in law worked and lived at a ranch in Texas for 2 and a half yrs. A new mgr took over and abolished his job and said they had a week to leave the ranch. They have no place to go and are frantically looking but have horses, goats dogs and 3 kids on Medicaid, ages 5, 2.5 and 2 months. They received an eviction notice typed out on a letter head from the banker that is the trustee of the ranch saying they need to be out in 3 days or the elec and water will be turned off and they will have to pay $100 a day to live there. They want out badly but just need a little more time to place animals, and get help moving. Is this legal? They did not go thru the courts for the notice. Is there any law that allows them more time to leave? It just seems wrong and is a case of big money vs the little guy. But with kids on welfare, maybe this means they need more time. How can they kick them out on the streets> Thanks, ***** *****(###) ###-####
Submitted: 3 months ago.
Category: Legal
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Some of what he is doing is legal, and some is not.

The family were essentially tenants for as long as he was working there. Once he was let go, then they ceased being tenants. And unfortunately, he only has to give them a 3 day notice.

However, he cannot turn off water/utilities if they overstay. If they overstay and he has to evict via the court, he has to keep the water/utilities on. This is because they then become tenants at sufferance. This is a weak type of tenancy where they are not supposed to be there, but have remained there after a lease expired pending eviction. The landlord still owes a duty of habitability, meaning that he cannot turn off utilities required for living.

The Court can evict them, however. If he files in Court, then they will have 2-3 weeks before a hearing, and then possibly a few more days before the Sheriff comes out. If they appeal the decision, then they can buy themselves 1-3 months even. However, they will normally have to put down a bond as part of the appeal.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 3 months ago.
NO where did you mention e kids, they are ok to be tossed out in the streets? Are you sure you are looking at Texas law? Thanks, Jill
Expert:  Ely replied 3 months ago.

Hello Jill,

Thank you for your follow up. Yes, this deals with Texas law. Texas landlord/tenant law is under Texas Property Code Chapter 92, which you can access HERE. I am afraid that it does not give special consideration to tenants with minors, individuals on Medicaid, or seniors. So my answer does stand as is.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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