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Richard, Attorney
Category: Legal
Satisfied Customers: 53710
Experience:  Attorney with 29 years of experience.
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My girlfriend moved into my house that I own 5 years ago hse

Customer Question

my girlfriend moved into my house that I own 5 years ago hse is a alcoholic and I want her to leave butt she wont. what can I do
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: my girlfriend moved into my house 5 years ago now I want her to leave butt she won't. i am in texas
Submitted: 2 months ago.
Category: Legal
Expert:  Richard replied 2 months ago.

Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 2 months ago.

You can get her out, but unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under Texas law, you will then need to give a 3-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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