What can be done if a person will not vacate a home that is not theirs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can be done if a person will not vacate a home that is not theirs?
My grandparents passed away a few years back and their house is still under my grandfather’s name although my father pays the taxes every year. My uncle has lived in the house for years now. He recently got a girlfriend who started staying their as well. She’s caused trouble, threatened my uncle, the cops have gone over and now she’s changed the locks. She acts like it is her house. Is there anything my father and his siblings can do to keep her out?
Asked on May 24, 2015 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
In most states she will be considered to be a "licensee". That is someone who was invited to come onto the property and permitted to stay. An much as a tenant, a licensee has certain rights regardingtheir being made to vacate the premises. Accordingly, they can only be removed via a legal eviction (i.e. "unlawful detainer") proceeding. To try and force her out or lock her out of the premises will at this point be an illegal act.
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.