Landlord Question and Answer Forum

Forum / Move-Out & Eviction / Texas Eviction
Hello all. Please allow me to explain the situation. My mother owns a single-family home close to where she currently lives. The house was unoccupied for a few months due to it needing much repair. The repairs were still not made when my brother allowed some friends of his to move in, in order to "help them out" because they couldn't afford a place to live. In exchange for rent, he said they were to make the needed repairs. My mother was unaware of this agreement because she was in the hospital at the time they moved in, and wasn't released until last month. They have lived there for roughly 6 months, and she has not seen a dime of rent, nor have any repairs been made. She wants to evict them, but after much research of rental law in Texas, we are at a loss as to what to do. My brother never had any legal right to rent them that property. She is permanently disabled, and in a wheelchair. Going to court would be extremely hard on her, and I'm hoping it can be a last resort. My main question is, can she use a notarized eviction notice to request that the people vacate the premises within 30 days? She and I typed this up, and I am wondering if it will be sufficient to make them leave. January 27, 2012 To Whom It May Concern: I, (My mother's name), the owner of the properly listed below, am issuing this notice in regards to the property located at: (Address) Please vacate the premises within 30 days, or by February 27, 2012. I am terminating any lease you have with my son, (My brother's name), due to him never having any legal right to form a rental agreement involving my property. Your cooperation is appreciated, as I do not want to pursue this matter in court. Thank you, (Signed and Printed with my Mother's name)
Samantha M, TX on Thursday, January 26, 2012
RE: Texas Eviction
If they do not have a legal lease you can evict them within 3 days. Notify to Quit. Your bother cannot lease a property that is not his. I would suggest sending it certified or having it served to them that way there is no question if they were in receipt or deliver it in person and make them sign it. OR better yet make your brother man up and do it since it's his friend.
Posted by samantha s, TX on Thursday, January 26, 2012
RE: Texas Eviction
Your mother could also probably assign a power of attorney and you or another more trustworthy sibling could go to court on her behalf, if it came to that.
Posted by Jennifer R, IL on Saturday, March 10, 2012
Documents related to this forum

California Notice of Belief of Abandonment

California 3 Day Notice to Perform or Quit

California 3 Day Notice to Pay or Quit

California Unlawful Detainer (Complaint)

Highest Rated Discussions
Author: Beverly S, NC
Updated: 03/28/2016
Rating: Star0Star1Star2Star3Star4
Author: Emmett J, GA
Updated: 03/03/2016
Rating: Star0Star1Star2Star3Star4
Author: Howard P, CA
Updated: 09/06/2018
Rating: Star0Star1Star2Star3Star4
Author: Laura D, AZ
Updated: 06/29/2011
Rating: Star0Star1Star2Star3Star4
Author: Kimberly B, NC
Updated: 11/15/2012
Rating: Star0Star1Star2Star3Star4

The forum is completely free to anyone! If you wish to post a message, you must log in. If you are not registered already, Join today to create a free account!
Any comments and opinions that are expressed by the users of this forum are solely those of the authors, and have not been reviewed or approved by ezLandlordForms.

Satisfaction
Guaranteed

Money Back Guaranteed
Trusted by Over
300,000 Property
Managers, Realtors,
Attorneys, and Landlords
since 2006!
More Info

Feature Spotlight: Why do I need A Lease Package?

Those basic leases you can find in office supply stores or buy from online vendors can look appealingly cheap and easy, but chances are, they don't meet all of the legal requirements for binding leases in your state. If you entrust your rental unit to a stand-alone lease, you may not be fully protected, especially if you wind up in court with your tenant over a contract dispute.

By using our exclusive Lease-Builder Wizard with State Assist, you'll get unmatched convenience, peace of mind, and protection for not much more than other sites charge for a generic lease.

FEATURED ON

fox-business-logo CBS-Radio-logo MSNBC-logo CNN-Money-logo Wall-Street-Journal-logo
Copyright © 2006-2026, ezLandlord, Inc. All Rights Reserved. View our Privacy Policy, Terms & Conditions, and Affiliate Program