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How do I remove a family member from my home. He has lived…

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How do I remove...

How do I remove a family member from my home. He has lived here before with my permission and has been receiving mail here for several years. I gave permission to deposit his personal belongings but told him he could not live here. He refuses to leave. I reside in Texas. He was told by law enforcement that he can continue to reside here indefinitely, the Magistrate’s office told the same thing.

Lawyer's Assistant: Have you talked to a TX lawyer about this?

Yes, on the phone as part of my membership in a Legal Assistants. program. He said the magistrate, wo also told me that I could not remove him. The attorney said thr magistrates advice I could give him a was wrong that he can be remo

Lawyer's Assistant: What steps have you taken so far?

Continued: attorney said the magistrate was wrong and I could have hon evicted if I follow the correct eviction procedures. I have done nothing at this point. I di not want to anger m

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No please connect me

Submitted: 4 months ago.Category: Legal
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Answered in 2 minutes by:
3/28/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,308
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation, but there is a way out for you and I believe that what you've been told is inaccurate. Because this person lives there, even though they are a family member and regardless of whether they pay rent, this sounds like you may need to begin the eviction process. The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

What other questions did you have for me today that I can help you out with:-)?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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