Legal Question in Real Estate Law in Texas

My 28 year old adult daughter lives with me. I own my home by myself; she pays no rent.

The police advise me that she will have to be evicted because this is her residence. The JP court will not allow an eviction to be filed because I do not have a signed lease that she has violated. An attorney assures me that I can file an eviction and willl do it for 1000 dollars. I want to know the legalities that truly apply to this situation! I want to know if she can be "kicked out" without an eviction.


Asked on 8/25/09, 7:27 pm

1 Answer from Attorneys
Kenneth Pitzner The Law Office of Kenneth R. Pitzner

Given that you have written that your home is your daughter's residence, either a forcible entry and detainer action or more likely a forcible detainer action (both commonly called an eviction) would need to be filed and won (or filed and a bond of immediate possession paid to the court) in order to have her evicted from the premises.

Neither type of eviction requires a written lease, and the first type require an agreement in order to file and win. Keep in mind, however, that proper notice must be given to your daughter and other formalities adhered to prior to filing an eviction action in Justice Court.

A lawyer should not be required, but may be well worth the money in your sosmewhat different than the average apartment manager rubber stamp evictions that are 95% of what most JP Judges preside over.

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Answered on 8/26/09, 12:55 am


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