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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35771
Experience:  16 years real estate, Realtor. Landlord 26 years
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My husband and I bought a house mom to live in. Nothing's in

Customer Question

My husband and I bought a house for my mom to live in. Nothing's in her name. She moved in her friend that takes care of her, but is doing things we don't like. All her mail goes there. When my mom passes can I kick her out so we can sell the house, it's been both of their residence for 8 yrs. I wouldn't do anything until she passes, but need to know what I need to do so she can't stay there for free. And we can sell house
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.


If the house is in your name, then you are legally the landlord and anyone living there is a tenant under an oral month to month tenancy. So if mother passes, you would have to terminate the tenancy with a 30 day written notice and then pursue a legal eviction through the courts if the person didn't move within that 30 days.


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 rental 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.


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.
After all the legal filings the Court will issue a court date, the landlord must come to court ready to prove their case.
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.
The whole eviction process can take about 40 days from start to finish and filing fees, which vary from county to county, are usually around $100.


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