How do I remove a guest who won't leave?
7368 views | Is this useful? 13 | Last updated on Oct 27, 2023 Landlord/Tenant Law
Under Texas law, guests who refuse to leave may be considered tenants who must be formally evicted.
The library often gets questions about how to remove an unwanted guest from a home. The guest may be a friend, relative, or significant other living in the house after they were initially permitted to stay. Often there is no written agreement between the two parties. The relationship has soured, and the guest refuses to leave.
It’s best to try to reach an agreement with the guest without going to court. If this isn’t possible, you may need to evict the guest the same way a landlord would evict a tenant. It’s important to note that if you do not follow these procedures, the guest may be able to bring a lawsuit against you.
Why would the guest be a tenant? They didn’t sign a lease.
If you allowed a guest to stay in your home, your agreement may have established a landlord/tenant relationship.
Most people think of a lease as awrittenagreement signed by both parties, but this isn’t always the case. In Texas, a residential "lease" can be a spoken or written agreement. The definition of "lease" is inSection 92.001of the Texas Property Code:
(3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling.
A lease agreement can be for any amount of time or no set time at all. Only leases of more than one year are required to be in writing according to Section 26.01 of the Texas Business & Commerce Code. If no time period is specified, the guest might be considered an "at-will tenant."
Isn’t the guest trespassing?
People in this situation sometimes ask the police to remove the unwanted guest forcriminal trespassing. However, authorities may be reluctant to remove a person who claims they live on the premises.
The officer may advise you to take the matter to court. Of course, you should always call 911 if you think you are in danger.
Tenant protections
A landlord cannot:
- change the locks
- throw the tenant’s possessions out
- force a tenant to leave without formally evicting them
If the tenant successfully sues for unlawful lockout, the judge can issue a writ to let the tenant back in. Additionally, the judge may order the landlord to do the following:
- pay a fine of one month's rent plus $1,000
- compensate the tenant for any expenses the tenant incurred due to their inability to access the property. Expenses might include hotel bills, attorney’s fees, court costs, payment for damaged or stolen property, etc.
These laws are in Section 92.0081 of the Texas Property Code. They areintended to protect tenants from being thrown out on the street at the whim of a landlord. Proceeding without a formal eviction exposes the landlord to a potential lawsuit from the tenant.
In this case, the "guest" would be entitled to the same protections as a tenant.
Steps in the eviction process
If the person refuses to leave, they may need to be evicted using the same procedure a landlord would use to evict a tenant. Under Texas law, there are specific steps to take to get a tenant to move out.
Terminating the lease agreement begins with giving the tenant a written notice to vacate. The amount of time the tenant has before moving out will likely depend on the agreement between the tenant and landlord. An at-will tenant must be given at least 3 days’ notice to vacate, according to Texas Property CodeSection 94.005(b).
If the tenant does not move out in the time specified in the notice to vacate, the next step is to file an eviction suit in justice court.
See theEvictionsection of ourLandlord/Tenant Lawguide for information on steps and timeframes in the eviction process.
The law can be complex, so you may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.
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As an expert in landlord-tenant law and housing regulations, I can confidently discuss the intricacies of handling unwanted guests overstaying in a residence and the legal steps required to address such situations. My expertise in this area stems from a comprehensive understanding of various state-specific laws, including those governing eviction processes, tenant rights, and landlord responsibilities.
In the article you've provided about removing an unwelcome guest who refuses to leave a property, several key legal concepts and regulations are involved, including:
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Landlord/Tenant Law in Texas: Under Texas law, guests who overstay and refuse to leave may be considered tenants, thereby requiring formal eviction proceedings.
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Establishing Landlord-Tenant Relationship: In Texas, a lease doesn't always necessitate a written agreement. An oral agreement or the actions and understanding between the parties can constitute a lease, even without a formal written contract.
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Lease Definitions: The Texas Property Code defines a lease as any written or oral agreement between a landlord and tenant that establishes terms for use and occupancy of a dwelling. It specifies that a lease can be for any duration, even without a set time frame.
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Trespassing vs. Tenant Status: While some might consider an overstaying guest as trespassing, authorities may be hesitant to remove someone claiming residency. This situation might need resolution through court proceedings rather than immediate police action.
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Tenant Protections and Unlawful Lockout: Tenants, including those without formal leases, have protections against actions like changing locks or forcing them out without proper eviction procedures. Landlords violating these rights could face fines and compensatory actions.
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Steps in the Eviction Process: To evict someone who refuses to leave, landlords must follow specific legal steps, including serving a written notice to vacate and potentially filing an eviction suit in justice court if the guest doesn't comply.
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Legal Counsel and Resources: Due to the complexity of landlord-tenant laws, seeking legal advice before taking action is recommended. Accessing resources like legal guides or consulting an attorney can help navigate these situations more effectively.
Understanding these concepts is crucial for anyone dealing with an overstaying guest, as it highlights the legal framework, rights, and procedures necessary to resolve such disputes in compliance with Texas state laws.
