Can the owner of a property evict someone when there was not a rental agreement or lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can the owner of a property evict someone when there was not a rental agreement or lease?

My mother-in-law lived with her brother for several years in the house he owned. She lived there rent free for several years. He is now deceased and the property was willed to another sister who has now given my mother-in-law a 3 day eviction notice. Does she have a legal reason to contest the eviction or, in the very least, be given more time so she can save enough money to move?

Asked on May 2, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for her loss and the problems that have resulted.  Your mother in laws "status" has to be determined.  If she is not a renter per se becuase she did not p a fied amount of rent, then is she now a squatter on the property?  A property owner has a right to evict.  The 3 day notice is the fastest but should she not leave in 3 days the owner must then start an action for eviction.  That is quick proceeding at which time she can ask for additional time to move and offer to pay rent  in the meantime.  But here is what puzzles me: has the property already been transferred?  Becuase the estate needs to go through probate nd the sister has no right to evict her until the property is in her name.  The estate can do that through the executor.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption