Know How to Safely Evict Unwanted Family During the Holidays

Understanding Eviction Laws in Texas: Handling Unwanted Guests and Squatters

Inviting family or friends to stay during the holidays is a common practice. However, when these guests overstay their welcome, it can lead to complex legal situations. In Texas, the law treats certain guests as tenants, granting them specific rights and protections. This distinction becomes crucial when you need to ask them to leave.

The Landlord-Tenant Relationship in Texas

In Texas, an invitation to stay can establish a landlord-tenant relationship, even without a written lease. This means your guest may have the same legal protections as a tenant, making it challenging to remove them without following proper legal procedures. Source: TexasLawHelp

Legal Steps to Remove Unwanted Guests

If a guest refuses to leave after being asked, you must initiate a formal eviction process:

1. Notice to Vacate: Provide a written notice demanding they vacate the premises. For non-payment of rent or lease violations, Texas law requires a three-day notice. Source: Nolo
2. Filing an Eviction Suit: If the guest does not leave after the notice period, file an eviction lawsuit (forcible entry and detainer suit) in the appropriate Justice of the Peace court. Filing fees vary by county but typically range from $46 to over $200. Source: Hemlane
3. Court Hearing: Attend the scheduled hearing where both parties can present their case. If the court rules in your favor, they will issue a judgment for possession.
4. Writ of Possession: If the guest still refuses to leave, request a writ of possession, allowing law enforcement to remove them from the property. The cost for this writ is approximately $5, with additional service fees. Source: iPropertyManagement

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Avoiding Illegal Evictions

It's essential to follow the legal process to avoid potential lawsuits. Taking matters into your own hands by changing locks or removing belongings can lead to legal consequences.

TexasLawHelp

Preventative Measures

To prevent such situations:

• Set Clear Boundaries: Communicate the duration of the stay upfront.
• Secure Your Property: Regularly check vacant properties to deter unauthorized occupancy.
• Post Notices: Display "No Trespassing" signs to establish clear boundaries.

In the End, Know the Laws

Understanding Texas eviction laws is crucial when dealing with unwanted guests or squatters. By following the proper legal procedures, you can protect your property rights and avoid potential legal issues.