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Good morning Dawn. They cannot do this. He's got plenty more time! He just needs to stay put. Even though there is no lease and even though a person has not paid any rent, that person becomes an "at will" tenant, which is treated legally as a month to month tenant. As such, under Texa law, he must be given written notice of least 30 days to terminate this tenancy. Then, if he simply does not leave, the law does not allow the owner to forcibly evict him without obtaining an eviction order from a court. What that means is that if termination date comes and your son does not move out, the owner cannot simply change the locks or throw his things out. Rather, what the owner has to do is to first deliver a 3-Day Notice to quit...which basically says your son has 3 days to leave or face eviction. But, if he still doesn't leave, the owner 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 landlord have the tenant evicted. That will buy him a good bit of time.
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Good afternoon. I'm just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard