Can the owner of a property evict someone when there was not a rental agreement or lease?
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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 11 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.
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