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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55319
Experience:  Attorney with 29 years of experience.
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My sister is here and it's been 4 years now she was only

Customer Question

my sister is here and it's been 4 years now she was only suppose to stay for 6 months. She has a job and pays Nothing I mean literally nothing. I need her to get out now. She refuses says she can't afford to, that's not my problem. I gave her and eviction notice and she threw it away. I want her out fast. Can u help?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just need peace of mind and having her gone
Submitted: 6 months ago.
Category: Legal
Expert:  Richard replied 6 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 6 months ago.

Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease and whether or not she is paying rent, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under Texas law, you will then need to give a 3-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict her. Unfortunately, you are not allowed to move her 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 her 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!

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 6 months ago.
Thanks so is there any type of forms be make it legal.
Customer: replied 6 months ago.
No u can type it
Expert:  Richard replied 6 months ago.

You're very welcome. I have attached a form for you for the 30 day notice. If it become necessary, you can get the 3-Day Notice to Quit at this link: https://www.ezlandlordforms.com/documents/texas-3-day-notice-to-vacate-4485/