Legal Question in Family Law in Texas

I live in Texas and have rented a house from a so-called friend for the past 10 1/2 years. I live in the house and she lives in the garage apartment on the same property. There has never been a lease. I've always paid my rent in cash and have never gotten a receipt. I have paid for and friends have helped me do many repairs/upgrades in the house and I have paid half on service calls when AC repairmen and plumbers have had to come for the past several years. Can she have me evicted?

Thank you very much, Curious Renter


Asked on 6/09/10, 2:36 pm

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

Yes. You are a tenant at will.

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Answered on 6/09/10, 6:18 pm
Fran Brochstein Attorney & Mediator

I don't do real estate law.

If you want to stay as long as possible, then force her to evict you. It takes awhile - maybe 2-3 months.

You don't have a written lease. Therefore, you are living there month-to-month.

I agree with Mark Dunn. She can kick you out any time she wants. Only a judge can kick you out legally. She needs to evict you. She must go to smalls claims court and folllow the law. You can go to the smalls claims court and ask the clerk for the procedure to be evicted. They should tell you how it's done.

Legal evict takes awhile. It's not a week. I've seen it take months but that is when the tenant knows how to work the system. Don't ask me how to do it -- I don't know how to avoid eviction!

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Answered on 6/10/10, 10:17 pm


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