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How do I get a guest not on my lease to move out when she refuses?

Austin, TX |

I am the tenant of a house in Austin, Williamson County. I allowed my ex-wife to stay until she found her own apartment. She was helping with food and utilities but no longer, and now refuses to leave. What must I do to get her out of my house?

Attorney Answers 2


  1. She is your subtenant. You have to evict her. Serve her with a 30 day notice of termination of tenancy. At end of 30 days if she is still there, file an eviction lawsuit.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  2. Legally speaking - You can start with calling the police, who may tell her to get out since she's not on the lease. There's not enough information on your post to tell whether or not she's just a visitor/guest or a subtenant - but in either case, write her a letter and tell her that she has breached your agreement about staying in your house, and you demand that she leave or you will sue to evict her and seek all of the costs and expense in doing so from her. If that doesn't work - you probably need to hire a lawyer to help with this process.

    Practically speaking - is this the mother of your children and are they there, too? Any chance she will claim you are currently common-law married? Are you ready to sue her to get her out?

    Good luck.

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