My girlfriend moved in with me in Feb. She lived rent free for the first few months. She has been paying $700 towards living expenses but is always a month behind. We are now broken up and I would like her to find somewhere else to live within the next 2 weeks. She is not on the lease nor on any of the utilities. Is it within my rights to evict her with 2 weeks notice? What steps should I take?
Real Estate Attorney
She is your tenant. You have to give her 30 days notice and then file a lawsuit to evict her if she does not leave.
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Lawsuit / Dispute Attorney
Actually, pursuant to Texas Property Code section 24.005, you have to give her 3 days notice to vacate, not 30, before you file an eviction suit. You can give her the notice in person, or by certified mail return receipt requested. If i were you, I'd do both so you have proof you did it. Make sure you date the notice. Make sure you put in the letter that you wil file a lawsuit against her if she does not comply.
Most times, tenants move out within the 3 days so as not to have to deal with an eviction lawsuit. You or your attorney would file the eviction in JP court.
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