Legal Question in Real Estate Law in Texas
Legal Rental Rights of Girlfriend, Turned Roommate
My question is regarding the legal rights of a roommate situation where I own the house and I have had a girlfriend living with me for the past 6 years. There was never a written lease, or even an understanding that she is responsible for paying rent. Over the years, she may have paid rent twice. The last two years, we've been more roommates than a boy/girlfriend relationship.
It's time for her to move on........My concerns are related to legal rights if any, she is entitled to. And, how do I go about getting her to move out if she resists? Are there legal steps I can follow to force her out, since she was never under any legal/written lease agreement.
From the marital perspective, what is she entitled to? This couldn't have grounds to be considered a common law marriage, could it??
Your legal assistance would be much appreciated.
1 Answer from Attorneys
Re: Legal Rental Rights of Girlfriend, Turned Roommate
You and your friend have a month-to-month tenancy. She is legally entitled to 30 days written notice to quit, leave and vacate. Forms are available at your local office supply store.
You do not have a common law marriage unless you filed a written declaration of marriage under TX law.
The lord only knows what kind of palimony situation you may have created over the past 6 years - you may have to balance the equities between you regarding who paid for what and when.
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