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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19125
Experience:  B.A.; M.B.A.; J.D.
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My sister stays w my mom. They have no written agreement and

Customer Question

My sister stays w my mom. They have no written agreement and mom has not asked her to pay anything. However my sister has been very ugly to my mom. Refuses to follow basic household rules and my mom has asked her to leave and she refuses. Mom called local police but they say she has to formally evict her.we are in texas. All the information i can find about the eviction process applies to a landlord/tenent scenario. So how can mom evict her
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Texas . She moved in almost a year ago and her disrespectful behavior has been ongoing throughout her stay
JA: Has anything been filed or reported?
Customer: Mom is ready to formally evict her but we dont know how with no lease. I guess there may be a police report from mom calling police because sister refused to get out. The officer responded to moms house and explained to my mom that they cannot make sister leave unless mom formally evicts
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that i know about the eviction process between tenant/landlord. For instance for nonpayment or not moving out when lease is up. Im asking for how the owner evicts someone they have allowed to move i to their home with them
Submitted: 2 months ago.
Category: Legal
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

I am sorry to read about your sister's behavior towards your mum.

Eventhough, there is no formal Landlord-Tenant relationship, your mother and sister are in such a relationship. So, the eviction procedure would be the same as that of Landlord evicting a Tenant who has not complied with the Terms of the agreement, whether oral or written.

Notice to vacate the premises must be given to the Tenant. If the Tenant does not vacate, then the Landlord must file eviction action against the Tenant. See Texas Property Code Title 4 Chapter 24 Section 24.005 and Title 8 Chapter 91 Section 91.001

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm#24.005

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm#91.001

Here is the eviction process:

http://www.ccl.co.harris.tx.us/jp/evictions/filing.htm

There is no self-remedy to eviction actions in Texas. This means that the Landlord cannot lock the Tenant out, shut off the Tenant's utilities in order to force the Tenant out. The Landlord must use the Court system to accomplish the eviction by filing eviction action in Court with the Justice of the Peace Court. Nonetheless, Texas Property Code Title 8 Chapter 92 Section 92.0081 gives the Landlord the authority to change the locks when the Tenant is delinquent. However, the Landlord must give the Tenant the new key. See Texas Property Code Title 8 Chapter 92 Section 92.0081 especially subsection (b)(3) (emphasis added by me) for the proper procedures and make sure that you follow the procedures very carefully. Otherwise, the Tenant may file a lawsuit against you for unlawful outster. See Texas Property Code Title 8 Chapter 92 Sections 92.008, 92.009, and 92.0091:

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm#92.009

Goodluck with the case,

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