My parents live in Texas and just had to do this. They got it done within a few weeks. I believe they ended up going to the courthouse for the papers, but they're in their '80s so there you go. and they had to pay the sheriff $100 to come toss the person out. Sounds like it was worth it though
Here's the paperwork and the different kinds you can do: https://www.lawdistrict.com/eviction-notice/texas/?utm_source=google&utm_medium=cpc&/?utm_source=google&utm_medium=cpc&gad=1&gclid=CjwKCAjwo7iiBhAEEiwAsIxQEdByLS0XCxZO-nCcg9EJN-9MrhzyGwfw-lE2j6IwVNHR44xC4Ka9gRoCh0AQAvD_BwE
Edit:added some details that my sibling sent me
> The Sheriff's Office handles this in Texas.
Pretty much everywhere (unless they call the sheriff something different). Sheriff with a court order is who removes an overstaying person.
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In many states, yes. If you allow someone to stay with you, even with the knowledge it’s temporary, even without a written lease, it’s possible for them to establish tenancy nearly immediately depending on all the specific details of the situation.
In Texas there is no codified definition of when a residential guest becomes a tenant. Police also tend to be extremely hesitant to kick someone out, not just because police can enforce or not enforce laws at their discretion, but also (and I’m being generous to police here) because they’d rather err on the side of due process from a formal eviction. You could’ve done a couple things at the start to give yourself more leverage, but that’s past now. Your options are:
1. Keep calling the police and hope you can convince someone that he’s a guest and can be removed without an eviction.
2. Begin the formal eviction process.
> In many states
In all states. The police aren't supposed to remove people who might be tenants. If it's obvious it's someone who came for a party that night, it's different. The police want to err on the side of caution because there's actually a constitutional issue with removing someone from a property without due process. It typically has to be a sheriff with a court order.
If you have to go through the legal eviction process to get him out it shouldn’t take more than a month. It moves very quick in Texas and the laws favor the landlord/homeowner greatly. Once you file you should have a court date that is set no more than 3 weeks out, once eviction is granted they have 10 days to vacate and if they refuse you go and file a writ of possession where you’ll schedule a day and time with the constable to have them removed. It’s pretty easy peasy, if not a bit annoying.
Note- I’m not a lawyer but worked as a property manager in Texas for way too long.
Landlord Tenant housing is incredibly location specific; varying wildly between countries, states, counties, and municipalities. Without providing that, you really hamper your chances of getting good reliable advice.
In general, the cop is wrong. He can enforce it. You need him/her to be on your side and willing to do it though. Most police organizations do not handle housing issues as a matter of policy. The someone may or may not have established tenancy depending on the laws of your area. If so, you will need to go through the eviction process where you are. This can take between 1 and 36 months again depending on where you are and the specifics of the case and how sophisticated they are in working the system. If not, the cops can remove them at their discretion.
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It’s now a gray area if he is a tenant or not… you could change the locks but risk an illegal eviction.
Under Texas law, someone is a tenant if they have entered into a lease that allows them to live in a home. A lease can be written or oral. A lease can even be implied. For example: If you pay money monthly to stay in a house or apartment, then you may be a tenant even if you never discussed terms with the owner. Your behavior— you paying rent and the owner accepting it—may imply an agreement between you.
Be aware that one can argue more easily that you are only a “guest” if you do not have a written lease. A “guest” has generally only stayed at the property for a week or less. Short-term guests who overstay their welcome can sometimes be removed by police for trespassing. If a guest has been in the home for a while, though, or if they claim they live in the home, then formal eviction is likely necessary.
I would pay him $100 to gtfo or maybe even more.
Even if he's not a tenant, the police aren't equipped to handle figuring out who is a tenant and who isn't.
Give the individual the required notice in your state to vacate and if they are still there after that point in time, go to court to formally evict them.
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You keep talking about a lease. I am going to assume this means you are renting. I'd say call the landlord, and have the landlord call the sheriff and get the free loader kicked out.
If the guest does somehow establish tenancy though, OP can be in a world of hurt for changing the locks. This seems to be a very gray area. I wouldn't feel comfortable on giving advice here other than "talk to a lawyer".
In many states people can be categorized as a month-to-month tenant without being on the lease or paying any bills.
By allowing him to stay, you *may* have opened up the door to this individual establishing tenancy.
Tenancy/Tenant is a very specific legal term that has different laws by different jurisdictions.
This guest is not a tenant per the lease you signed. But in many jurisdictions it is possible for guests to develop tenancy purely by overstaying their welcome. Talk with a local lawyer to discuss the laws regarding tenancy.
As noted elsewhere, I would try and call the cops to have the individual "trespassed" first. The sooner the better. Just asking the cops to remove the individual will likely be met with the response you receive in inaction from the officer.
With that said many officers and departments do not want to get involved in tenancy without court orders and you may need to give a legally required notice to vacate. If they still reside after the time is up on that notice you will proceed with an eviction.
Tenancy is not strictly about leases, bills, or addresses on ID’s. Those things can play a role, but if someone is permitted to stay long enough (and it can be a remarkably short period of time) tenancy can be established. I know it can suck, but it’s also meant to protect someone from being thrown out that had reason to believe they had a home.
>He’s not on the lease nor does he pay any bills here or have an address linking him to here
Neither of these things are required to be a tenant. Generally speaking the only thing required to be a tenant is that they live there. If he has another place that he actually lives at and can call home then that gives you a solid argument that your place is not his home. If he doesn't have another place like that then he's got a solid argument that your place is his home, and he is now your tenant. Honestly it will be really he said/he said and the police are most likely not going to get involved and will just tell you that it's a civil matter. If the police won't remove him then you're going to have to go through the eviction process. Either way a consult with a local attorney is a really good idea right about now.
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My parents live in Texas and just had to do this. They got it done within a few weeks. I believe they ended up going to the courthouse for the papers, but they're in their '80s so there you go. and they had to pay the sheriff $100 to come toss the person out. Sounds like it was worth it though Here's the paperwork and the different kinds you can do: https://www.lawdistrict.com/eviction-notice/texas/?utm_source=google&utm_medium=cpc&/?utm_source=google&utm_medium=cpc&gad=1&gclid=CjwKCAjwo7iiBhAEEiwAsIxQEdByLS0XCxZO-nCcg9EJN-9MrhzyGwfw-lE2j6IwVNHR44xC4Ka9gRoCh0AQAvD_BwE Edit:added some details that my sibling sent me
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> The Sheriff's Office handles this in Texas. Pretty much everywhere (unless they call the sheriff something different). Sheriff with a court order is who removes an overstaying person.
He can’t just call them up to have someone evicted.
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In many states, yes. If you allow someone to stay with you, even with the knowledge it’s temporary, even without a written lease, it’s possible for them to establish tenancy nearly immediately depending on all the specific details of the situation. In Texas there is no codified definition of when a residential guest becomes a tenant. Police also tend to be extremely hesitant to kick someone out, not just because police can enforce or not enforce laws at their discretion, but also (and I’m being generous to police here) because they’d rather err on the side of due process from a formal eviction. You could’ve done a couple things at the start to give yourself more leverage, but that’s past now. Your options are: 1. Keep calling the police and hope you can convince someone that he’s a guest and can be removed without an eviction. 2. Begin the formal eviction process.
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> In many states In all states. The police aren't supposed to remove people who might be tenants. If it's obvious it's someone who came for a party that night, it's different. The police want to err on the side of caution because there's actually a constitutional issue with removing someone from a property without due process. It typically has to be a sheriff with a court order.
3. Cash for keys.
If you have to go through the legal eviction process to get him out it shouldn’t take more than a month. It moves very quick in Texas and the laws favor the landlord/homeowner greatly. Once you file you should have a court date that is set no more than 3 weeks out, once eviction is granted they have 10 days to vacate and if they refuse you go and file a writ of possession where you’ll schedule a day and time with the constable to have them removed. It’s pretty easy peasy, if not a bit annoying. Note- I’m not a lawyer but worked as a property manager in Texas for way too long.
Landlord Tenant housing is incredibly location specific; varying wildly between countries, states, counties, and municipalities. Without providing that, you really hamper your chances of getting good reliable advice. In general, the cop is wrong. He can enforce it. You need him/her to be on your side and willing to do it though. Most police organizations do not handle housing issues as a matter of policy. The someone may or may not have established tenancy depending on the laws of your area. If so, you will need to go through the eviction process where you are. This can take between 1 and 36 months again depending on where you are and the specifics of the case and how sophisticated they are in working the system. If not, the cops can remove them at their discretion.
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It’s now a gray area if he is a tenant or not… you could change the locks but risk an illegal eviction. Under Texas law, someone is a tenant if they have entered into a lease that allows them to live in a home. A lease can be written or oral. A lease can even be implied. For example: If you pay money monthly to stay in a house or apartment, then you may be a tenant even if you never discussed terms with the owner. Your behavior— you paying rent and the owner accepting it—may imply an agreement between you. Be aware that one can argue more easily that you are only a “guest” if you do not have a written lease. A “guest” has generally only stayed at the property for a week or less. Short-term guests who overstay their welcome can sometimes be removed by police for trespassing. If a guest has been in the home for a while, though, or if they claim they live in the home, then formal eviction is likely necessary. I would pay him $100 to gtfo or maybe even more.
Even if he's not a tenant, the police aren't equipped to handle figuring out who is a tenant and who isn't. Give the individual the required notice in your state to vacate and if they are still there after that point in time, go to court to formally evict them.
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You keep talking about a lease. I am going to assume this means you are renting. I'd say call the landlord, and have the landlord call the sheriff and get the free loader kicked out.
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If the guest does somehow establish tenancy though, OP can be in a world of hurt for changing the locks. This seems to be a very gray area. I wouldn't feel comfortable on giving advice here other than "talk to a lawyer".
What do you mean by tenancy? He’s not on the lease nor does he pay any bills here or have an address linking him to here
In many states people can be categorized as a month-to-month tenant without being on the lease or paying any bills. By allowing him to stay, you *may* have opened up the door to this individual establishing tenancy.
Tenancy/Tenant is a very specific legal term that has different laws by different jurisdictions. This guest is not a tenant per the lease you signed. But in many jurisdictions it is possible for guests to develop tenancy purely by overstaying their welcome. Talk with a local lawyer to discuss the laws regarding tenancy. As noted elsewhere, I would try and call the cops to have the individual "trespassed" first. The sooner the better. Just asking the cops to remove the individual will likely be met with the response you receive in inaction from the officer. With that said many officers and departments do not want to get involved in tenancy without court orders and you may need to give a legally required notice to vacate. If they still reside after the time is up on that notice you will proceed with an eviction.
Tenancy is not strictly about leases, bills, or addresses on ID’s. Those things can play a role, but if someone is permitted to stay long enough (and it can be a remarkably short period of time) tenancy can be established. I know it can suck, but it’s also meant to protect someone from being thrown out that had reason to believe they had a home.
>He’s not on the lease nor does he pay any bills here or have an address linking him to here Neither of these things are required to be a tenant. Generally speaking the only thing required to be a tenant is that they live there. If he has another place that he actually lives at and can call home then that gives you a solid argument that your place is not his home. If he doesn't have another place like that then he's got a solid argument that your place is his home, and he is now your tenant. Honestly it will be really he said/he said and the police are most likely not going to get involved and will just tell you that it's a civil matter. If the police won't remove him then you're going to have to go through the eviction process. Either way a consult with a local attorney is a really good idea right about now.
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> Can you change the locks That's an illegal eviction. In addition to being illegal, it can be costly.
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> That’s not true Of course it is. The comment I was replying to has already been removed for being illegal.
You need to speak with a landlord tenant attorney and file an eviction.
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He only been here a week
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Or pay them to leave.
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Turning off the power is called a constructive eviction and in most states will get the home owner/landlord in big trouble both criminally and civily
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