Thank you. Yes, you can. Even if there is no will, you are entitled to a life estate in the house as long as you are alive. That gives you the right of occupancy during your life. As such, you control who occupies the home while you are alive. 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 their tenancy by giving written notice of at least 30 days. If they do not leave voluntarily, under Texas law, you will then need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move their 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 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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