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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54554
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We have a tenant that is also a family member that was supposed

Customer Question

We have a tenant that is also a family member that was supposed to fix up the house in exchange for the rent, well its been 2 years now and the house is worse than when our agreement was made. We pay all the bills, not one cent has ever came from Him so He never kept his end of the deal. Do we have to go through the court and everything to get Him out?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Unfortunately, if he won't leave voluntarily, you would have to follow the legal process to avoid being accused of an illegal eviction. Your family member is in default by not complying with your agreement for occupancy. . But, if he won't leave voluntarily, you will need to give a 3-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file an unlawful detainer petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if he poses any threat to your person or property, you can get a restraining order to get him out of the house immediately while the eviction process runs its course.
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 him 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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