Eviction of people who are living in a house we just bought?
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Eviction of people who are living in a house we just bought?
We bought a house though a title company
and discovered the house is occupied by
someone else. They never had any kind of
agreement with the deed holder or the
new owners us. They have been there 2
years and we just bought the place in
the last few weeks. We don’t know if
they even realize there is a problem.
What should we do?
Asked on August 14, 2019 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can "eject" them. "Ejectment" is eviction for non-tenants: it is how you remove people who are not owners (e.g. not on deed or title) and also are not rent-paying tenants with some legal right, based on the lease (whether written or oral) to stay there because they are leasing out space. Someone who is neither a tenant nor an owner has no legal rights to live in another's property, and may be removed. The way you remove them legally is through an "action for ejectment." You do have to give them proper written notice that you own the home and that they must move, and they must be given a reasonable time (generally at least a month) to relocate; if they don't leave, then you file the legal action. The notice and the ejectment action are both "technical" in the sense that a small paperwork or procedural error can force you to start over; you are advised to retain an attorney to help you.
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