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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38152
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I'm looking for help on evicting a family member from my

Customer Question

Hi, I'm looking for help on evicting a family member from my grandmothers house plus other people that are not even related to her. I have Power of Attorney but the issue is my grandmother wants everyone gone except my aunt which is the HUGE problem and allows these criminal type people to just live there with her. The police have been called out numerous times as well as social services.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Social Services was called on my grandmother and then another baby that started living there with her parents. The police are NO help as they say that since my aunt legally lives there then she can have who she wants there and doesn't matter what my grandmother wishes are even though it's her house.
JA: Has anything been filed or reported?
Customer: Yes, many times! People have been arrested over there repeatedly My aunt's boyfriend assaulted my grandmother and my aunt. He was thrown in jail but he keeps getting out. He was held last time in there b/c he was wanted in another county for smuggling people over here from Mexico. This guy has threatened everyone in my family and our children.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My aunt's son is also in prison from stealing tons of money from my grandmother and also breaking into a commercial building. That's it.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year 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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That is kind of a tough situation because if grandmother doesn't want to throw aunt out along with the other rifraff then that kind of ties your hands..

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You can evict the other people through the courts and then if they return you can have them arrested for trespassing. The police are simply wrong here and once you evict the other people, that is a legal order for them to leave and not be on the property at all. Aunt can't legally have them back on the property if you or grandmother object and you can have then thrown in jail if they return.

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Legally anyone living there is a month to month tenant unless there is some type of fixed term written lease (which I kind of doubt). Aunt and her crew seem like they are just taking advantage of grandmother but she is too nice to just clean house and throw them all out..

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If you can tell me what state you are in, I can tell you what notice you need and what the eviction process is...

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thanks

Barrister

Customer: replied 1 year ago.
you basically told me what I thought was the case here. I'm in Houston, TX.
Customer: replied 1 year ago.
I guess I should also tell you my aunt was also previously married to a police officer in this county/city. The police know my aunt very well. Seems they or at least a few defend/protect her. It's the most crazy thing I've ever seem in my life.
Customer: replied 1 year ago.
My grandmothers residence is in Pasadena, TX.
Customer: replied 1 year ago.
Also, how do I evict them if they refuse to identify themselves?
Customer: replied 1 year ago.
I guess call the police, and make them which they will refuse to do. I wonder if I can bring in another police department in or the Texas Rangers/Constables?
Expert:  Barrister replied 1 year ago.

Well, you may be running into what we attorneys call "home cookin'" where the police protect their own as long as they can...until they can't. So when you have a court order, the police lose their discretion to cut people a break.

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You will have to start by giving everyone you want to evict, a written one month notice to terminate their tenancy.

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Then in Texas, if you want to evict a tenant, you must first give the tenant a one month notice to vacate which has to be done by certified mail with return receipt requested or hand delivered to the tenant with a witness who could testify on your behalf that the tenant was personally given the notice. The other option is to have a sheriff or constable serve the one month notice. I would go with the sheriff or constable as that may scare them into moving out..

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If the tenant fails to vacate the premises within the time allowed you would proceed to file 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.

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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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As for evicting the people...you are going to have to either find out who they are, because it is difficult to evict people if you don't know who they are, or list aunt by name as a defendant and then list "and all unknown occupants" and then when you get to court, you voluntarily dismiss aunt from the case and ask the judge to have her identify everyone else living there..

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And it is the sheriff or constable that evicts the people, not the police..

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thanks

Barrister

Customer: replied 1 year ago.
Excellent, thank you very much! I'll get on this right away. I really appreciate your help and hopefully this will make them all leave before going to court, but doubt it.
Expert:  Barrister replied 1 year ago.

You are very welcome. Happy to help any time. And sometimes sketchy people will decide to move on if they think the sheriffs are watching the place and what is going on. Kind of like cockroaches running from the light..

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Fingers crossed for you..

Barrister

Customer: replied 1 year ago.
That is exactly what I've been calling/describing these people. They are like roaches!!! I've found some living in the garage and in my grandfathers shed in the back. It's a real scary place to go unfortunately. Thank you again and have a good night!
Expert:  Barrister replied 1 year ago.

Any time...

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All the best to you and yours..

Barrister