Can my roommate kick me out?

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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

Answers:

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

Answered 10 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 Now that such permission has been revoked your friend will need to give you a notice to vacate (in TX my research suggests it can be in as little as 3 days).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.


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