Can my roommate kick me out?

UPDATED: Aug 1, 2011

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Can my roommate kick me out?

I have been staying with a friend for over 3 months now. I was told I could stay as long as I want until I find a place. She has a new boyfriend and he wants me out in 24 hours. I don’t mind leaving but I need more time. Can they throw me and my things out? I’m 23 in TX. I haven’t payed any rent. My mail isn’t delivered here.

Asked on August 1, 2011 Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are not on the lease (or deed) then the lawful occupant can ask you to leave but must provide proper notice. The fact is that if you have been a long-term guest you will be considered to be in most states a "licensee". That is someone who was invited to stay on the premises by the owner or rightful occupant. Now that such permission has been revoked your friend will need to give you a notice to vacate (in TX my research suggests it can be in as little as 3 days). Although you are not a tenant, if you do not leave by the date specified in the notice your friend will have to go to court and file an "unlawful detainer" (i.e. eviction lawsuit). If your friend fails to follow all legal requirement for an eviction you can sue for unlawful eviction (e.g. in addition to proper notice your friend cannot change the locks or throw out your belongings).

Note: At this point you should give a call to an attorney in your are who handles landlord tenant matters or contact a tenant's rights advocacy organization, They can more fully inform you as to your rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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