What is the process to legally evict a mobile home owner with no lease off private property?

UPDATED: Mar 21, 2012

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What is the process to legally evict a mobile home owner with no lease off private property?

My mom and my stepdad are getting a divorce. A few years ago my stepsister put a mobile home on part of my mom’s property; when they decided to get a divorce my mom and stepsister had a verbal agreement she would pay rent to keep her house there. She did not oblige do so and now 6 month’s behind. We sent her a 3-day notice to vacate and are waiting to file a court hearing. Is this the correct way when they have to move their house off the property?

Asked on March 21, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all state sin this country, there are two ways to end a tenancy of a tenant who is behind in rent. The first is a 30 day notice of termination. The second is a three day notice to pay or quit.

If the tenant does not vacate after the 30 day notice is served on him or her or pay the money owed or vacate after the three day notice is served, then the landlord is required to file an eviction proceeding in the local county court house where the property is located. If this is your situation, I suggest that you consult with a landlord tenant attorney to assist in the process in that it is best to get someone experienced in doing such matters to get the process done correctly.

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.

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