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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53954
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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When one tenant dies can s family lock out the other tenant?

Customer Question

when one tenant dies can his family lock out the other tenant?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Richard replied 5 months ago.

Good morning Mary! 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 5 months ago.

No, this cannot happen. The other tenant, living there, has every right to continue to live there. Even if the other tenant is not on the lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, under Texas law, they must give you at least 30 days written notice to terminate your tenancy. Then, if you don't leave, the law does not allow them to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, they cannot simply change the locks or throw your things out. Rather, what they have to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still don't leave, they must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the they have the tenant evicted. What they are doing constitutes an illegal eviction and is against the law.

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