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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55294
Experience:  Attorney with 29 years of experience.
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My son lives with his sister and receives mail at her

Customer Question

My son lives with his sister and receives mail at her residence..he is mentally disabled. He does not pay rent and only pays the internet bill but does buy food and groceries, watches her kids and does chores around the property..he has voiced that he is going to move out and go live with his brother and now they are trying to say he has 1 day to leave and get all his stuff out of the house...he has no car because he doesn't drive and therefore cannot move the stuff himself...what rights does my son have? Can they just kick him out on the streets without a notice?
Submitted: 9 days ago.
Category: Legal
Expert:  Richard replied 9 days 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 9 days ago.

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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Expert:  Richard replied 9 days ago.

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