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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55294
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am in a house owned by my step father. He wrote a letter

Customer Question

I am in a house owned by my step father. He wrote a letter stating if I paid bills for this property then that would be considered rent. He is now in an assisted living home and his kids are trying to give me a 90 day notice to vacate. Nobody is or has power of attorney and I was to get this home as part of my inheritance and they are contesting that as well. My step Father is still alive so I do not think a decision can be make by them. I am unemployed and need to stay here until Mid Jan. , I am current on all bills for property , I keep the place very nice and clean.
Do they have to right to try to evict me or does it have to go thru the owner My step Father.
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
we do not have a lease just the letter he wrote and signed
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
They have no authority to act on behalf of their father without either a durable power of attorney or having been appointed his conservator by a court. Otherwise, they have no legal authority and their notices to you have no legal impact. You just need to stay where you are as the law does not allow them to take any action to evict you without getting an eviction order from a court. So, if the 90 days comes and you don't move out, they must then give you a 3-Day Notice to Quit and then if you still remain, they have to file a petition with the court for an eviction order. You will get a notice of this hearing and should attend to contest their right due to not having the legal authority to act on their dad's behalf when they gave any of these notices and the letter from your stepfather giving you the right to occupy the property. Based on this, the court will dismiss their petition and they will not get their eviction order and you can remain in the property. :)
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