[TX] How can I remove a friend who refuses to leave my home after living there without a lease or obligation?

TX Landlord-Tenant

Lori

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In Texas, even a verbal agreement creates a form of tenancy, and once someone has lived in your home with permission—especially for an extended period like a year—they’re no longer considered a guest. They’re a tenant under Texas law, even if they haven’t paid rent.

Here are your rights and options:

Legal Standing as a Landlord

Verbal Lease = Month-to-Month Tenancy: Texas courts typically treat verbal agreements as month-to-month leases unless otherwise proven. (TX Prop § 91.001)
You Can Evict: You have the right to evict, but you must follow formal procedures under the Texas Property Code.

Timeline and Process

30-Day Written Notice: You must give your friend a written 30-day notice to vacate. This notice must be properly delivered—ideally in person or via certified mail. (TX Prop § 24.005)
Refusal to Leave: If they don’t leave after the notice period, you can file an eviction suit (called a forcible detainer) in Justice Court. (TX Prop § 24.002)
Court Hearing: You’ll present your case, and if the judge rules in your favor, the court will issue a writ of possession.
Constable Enforcement: If your friend still refuses to leave, the constable will physically remove them from the property.

You can wait until the end of your verbal agreement, or you can give the 30-day notice now to terminate the verbal agreement.

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I allowed a friend to live in my home for a year, without any obligation. Now friend will not move out. What are my rights in the state of Texas?

Lexi, Chatbot

I understand how frustrating it can be to deal with a situation like this. Have you had any discussions with your friend about their plans to move out?

Yes, and she says she will move out but does not. I just want to prepare for any help I need to enforce the move.

Lexi, Chatbot

Are there any written agreements or communications regarding their stay in your home?

No.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your eviction process.

No.

Lori

Hey there! I'm Lori, an attorney with many years of experience, and I'm here to help you.

What city is your home located in?
Have you had any discussions with your friend about their plans to move out?
Have you served a written eviction notice on her?

Austin, TX
Yes
No

The verbal agreement was to allow my friend to live in my residence from January 2025 to January 2026. I am preparing and gathering knowledge for a worst-case scenario where my friend does not move out as planned. I want to be educated and ready to act if and when the time comes.

Lori

Understood. Thanks for the information. Please give me some time to review and draft my personalized response. I will get back to you as soon as possible.

Lori

Here are your rights and options:

Legal Standing as a Landlord

Verbal Lease = Month-to-Month Tenancy: Texas courts typically treat verbal agreements as month-to-month leases unless otherwise proven. (TX Prop § 91.001)
You Can Evict: You have the right to evict, but you must follow formal procedures under the Texas Property Code.

Timeline and Process

30-Day Written Notice: You must give your friend a written 30-day notice to vacate. This notice must be properly delivered—ideally in person or via certified mail. (TX Prop § 24.005)
Refusal to Leave: If they don’t leave after the notice period, you can file an eviction suit (called a forcible detainer) in Justice Court. (TX Prop § 24.002)
Court Hearing: You’ll present your case, and if the judge rules in your favor, the court will issue a writ of possession.
Constable Enforcement: If your friend still refuses to leave, the constable will physically remove them from the property.

You can wait until the end of your verbal agreement, or you can give the 30-day notice now to terminate the verbal agreement.

Thank you. This is the information I needed. Appreciate it.

Lori

You are welcome. Thank you for allowing me to assist you today. Have a nice day!

Lori

25,625 satisfied customers

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