Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My husband and I bought a house mom to live in. Nothing's in

Customer Question
My husband and I bought...
My husband and I bought a house for my mom to live in. Nothing's in her name. She moved in her friend that takes care of her, but is doing things we don't like. All her mail goes there. When my mom passes can I kick her out so we can sell the house, it's been both of their residence for 8 yrs. I wouldn't do anything until she passes, but need to know what I need to do so she can't stay there for free. And we can sell house
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
11/28/2015
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,562
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

If the house is in your name, then you are legally the landlord and anyone living there is a tenant under an oral month to month tenancy. So if mother passes, you would have to terminate the tenancy with a 30 day written notice and then pursue a legal eviction through the courts if the person didn't move within that 30 days.

.

If the tenant fails to vacate the premises within the time allowed the landlord proceeds to filing the suit. In Texas, eviction suits must be filed in the county and precinct where the rental property is located. The landlord needs to complete the forcible detainer (eviction) FD form for Texas, which needs to be notarized either before the landlord gets to court or the Court Clerks can notarize it when they get there. When the landlord files the FD form, they will need a copy of the notice to vacate letter that they issued to the tenant.

.

Filing the suit consists of filing a forcible detainer petition with the Court and paying the court cost, which changes so check with the courts before filing. The court costs pays for the filing of the suit, the court hearing and the Constable fees for serving the FD to the tenant.
.
After all the legal filings the Court will issue a court date, the landlord must come to court ready to prove their case.
.
If the landlord wins the suit in Court and the mandatory five (5) day appeal period is over and the tenant is still occupying the property then the landlord has to file a Writ of Possession. A writ of possession is a court order given to the Constable to remove all tenants and their property from the rental property. The Constables then posts a notice along with the writ of possession that all occupants of the rental property has 24 hours to vacate voluntarily or be physically evicted.
.
The whole eviction process can take about 40 days from start to finish and filing fees, which vary from county to county, are usually around $100.

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,562
39,562 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

39,562 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
If a real estate agent is aware that a rental property has
If a real estate agent is aware that a rental property has had rats that were exterminated, must this info be given to a prospective renter? … read more
Barrister
Barrister
Lawyer
39,562 satisfied customers
I have a rental property(Wisconsin) the garage was built in
I have a rental property(Wisconsin) the garage was built in 1966. The requirements is the garage has to be 18 inches from lot line. I had a survey pulled . The garage is 4.32 inches. Is it grandfather… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
I have rental property the tenant did not turn the gas on at
I have rental property the tenant did not turn the gas on at the property and 2 vendors says that caused the pipe to burst and caused major damage to the home my insurance will not cover the damages a… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
My husband and I have a rental property in County. Two weeks
My husband and I have a rental property in Clark County Washington. Two weeks ago I drove by and there was a large RV in the parking lot. I drove by again and took a closer look. It is definitely hook… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
If I were to whosale a few rental properties I own to a
If I were to whosale a few rental properties I own to a fellow investor, what would a reasonable discount off arv be , houses just been remodeled 6 years ago but need usual tenant wear n tear repair, … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
Can a landlord conduct an inspection of rental property
Can a landlord conduct an inspection of rental property prior to the final inspection without notifying the tenant?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I have a rental property. If the tenent choose not to buy
I have a rental property. If the tenent choose not to buy renter insurance, what kind of liability I may have? Thank you!… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a multi-unit rental property in Syracuse NY. The City
I have a multi-unit rental property in Syracuse NY. The City Code enforcer is going to conduct a 5 year certificate of compliance inspection. My Groundskeeper will be there showing him the property. M… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I am evicting a month-to-month tenant and he has refused to
Hi, I am evicting a month-to-month tenant and he has refused to come out of his trailer to take service from me. I already have sent a certified letter that will come Monday. What do I need to do - ge… read more
Barrister
Barrister
Lawyer
39,562 satisfied customers
I signed a lease on a rental property on September 26th,
I signed a lease on a rental property on September 26th, lease beginning on October 1st although I was not going to move in until November 1st. Moved in October 26th and a few weeks later received a b… read more
Barrister
Barrister
Lawyer
39,562 satisfied customers
My question is about rental properties. My wife and I are
My question is about rental properties. My wife and I are currently in the midst of a divorce for the last 18 months. One of the tenants has a rental contract that is only signed by me. I recently in … read more
Barrister
Barrister
Lawyer
39,562 satisfied customers
I signed a lease for a rental property in 2015, I have not
I signed a lease for a rental property in 2015, I have not signed a new one for 2016 and 2017 but I have been paying month to month. I can move out with proper notice? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I own rental property and frequently hire temporary
I own rental property and frequently hire temporary unskilled labor to help me care for my homes. I want to know if there is a way to protect myself from being sued by someone who gets hurt while work… read more
Barrister
Barrister
Lawyer
39,562 satisfied customers
I own a rental property in Scottsdale, AZ. I engaged a
I own a rental property in Scottsdale, AZ. I engaged a property management company to handle the day to day business. We have a written property management agreement. The agreement states that I will … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have given tenants a 30 day eviction on a month to month
Good morning, I have given tenants a 30 day eviction on a month to month agreement and gave them until November 11, 2017, they want to move out and do the walk thru inspection and provide keys on the … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I purchased a condo as rental property a couple of months
I purchased a condo as rental property a couple of months ago, which required renovations. The renovations are nearly complete; however, 3 weeks ago the supply line broke in the unit next door and the… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
I have a rental property that I had to evict the tenant
I have a rental property that I had to evict the tenant after listening to their lies about problems they were having. They left owing about $6,000 in back rent. If I got a default judgement is it dif… read more
Barrister
Barrister
Lawyer
39,562 satisfied customers
What is a no cause eviction? If I am in a month to month
What is a no cause eviction? If I am in a month to month that and the landlord decides not to rent to me because she wants to Renovote and increase her rental income can. She do that and what are my r… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x