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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33787
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a half brother. Came from out of state to "visit"

Customer Question

I have a half brother. Came from out of state to "visit" about 4 months ago. After visiting for about 3 days he had a seizure due to alcoholism. I Allowed him to stay to seek rehabilitation. He is instead getting worse and lately has been displaying greater and greater belligerence. My dad is willing to take him in but in Philadelphia. I want him to leave but I don't know what steps must be taken to get him out of my house. I am not charginging him rent nor is he paying any bills for me.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Austin, Texas
JA: Has anything been filed or reported?
Customer: Only to family
JA: Anything else you want the lawyer to know before I connect you?
Customer: He's receiving food stamps at my address.
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I hate to have to tell you this, but in allowing brother to live with you for an extended period of time, you have unintentionally become a landlord and he is your tenant under an oral month to month tenancy. This is despite the fact that he pays no rent or bills.

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So you will have to legally terminate his occupancy with a written one month notice to vacate and then pursue a formal eviction through the courts if he doesn't move out voluntarily.

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If the tenant fails to vacate the premises within the time allowed the landlord proceeds to filing the suit. In Texas, eviction suits must be filed in the county and precinct where the property is located. The landlord needs to complete the forcible detainer (eviction) FD form for Texas, which needs to be notarized either before the landlord gets to court or the Court Clerks can notarize it when they get there. When the landlord files the FD form, they will need a copy of the notice to vacate letter that they issued to the tenant.

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Filing the suit consists of filing a forcible detainer petition with the Court and paying the court cost, which changes so check with the courts before filing. The court costs pays for the filing of the suit, the court hearing and the Constable fees for serving the FD to the tenant.
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After all the legal filings the Court will issue a court date, the landlord must come to court ready to prove their case.
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If the landlord wins the suit in Court and the mandatory five (5) day appeal period is over and the tenant is still occupying the property then the landlord has to file a Writ of Possession. A writ of possession is a court order given to the Constable to remove all tenants and their property from the rental property. The Constables then posts a notice along with the writ of possession that all occupants of the rental property has 24 hours to vacate voluntarily or be physically evicted.
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The whole eviction process can take about 40 days from start to finish and I would opine that if you pay someone to do it, it would likely cost $200-400, not including filing fees, which vary from county to county, but are usually around $100.

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I don't want to see you just thrown him out and him get mad, talk to an attorney, and then sue you for an illegal eviction..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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