[TX] Can a homeowner evict a rent-free guest who refuses to leave after violating a written occupancy agreement and notice?

I have an agreement to provide a place to stay, rent-free, to a church member, and now she refuses to leave. We had a signed agreement stating that the arrangement could be canceled and she would have to vacate within 48 hours. It has been since January 23, and she will not leave. I called the police for trespassing, and they would not intervene.

Let me be clear: at no point did I hire you as a project manager or establish any such agreement. My intent was straightforward. I offered someone from the church, who was living in their car and needed a temporary place for the holidays, a rent-free space so they could get back on their feet. You chose to volunteer your services so you wouldn't feel like you were living there for free. I repeatedly told you to focus on yourself and not worry about the house. I never asked you to represent me, communicate, or negotiate with anyone on my behalf. Every contractor was instructed to contact me directly, and I deliberately kept you out of those conversations and any future plans regarding the property. The only thing that I asked of you was to be present to open the door for contractors, nothing more.

You were not asked to involve yourself in my affairs or any decision-making about the house. While I listened to your suggestions, I made it clear I would consider them, but I never authorized any action.

On January 23, 2026, I canceled our arrangement over the phone, explaining that my new government job assignment had changed everything regarding your stay at [address redacted], and I gave you a move-out date of February 20. I also told you this in person multiple times. When I moved up the date, I made sure you understood that the arrangements had changed. The agreement clearly states I have the right to give you 48 hours' notice to vacate. I have already been more than generous by allowing you extra time.

I will not discuss this further. This is my final formal notice: you must vacate the house and remove all your belongings by Thursday, March 5.

I, [name redacted], am creating this affidavit to confirm my ownership of residency and to provide proof of both my current residence and family residence.

My current residential address is [address redacted], where I have resided since June 23, 2023. My family residence is [address redacted].

On November 20, 2025, I was notified by a church member about a woman named [name redacted] ([email address redacted]) who attended our church and was homeless and sleeping in her car. They asked if I could allow her temporary shelter for the holidays.

She did not have identification to complete a proper background check, so I agreed to provide temporary shelter for 38 days at no cost under a week-to-week arrangement until I decided what I was going to do with the house. She lived there without paying any money from November through March 7, 2026. I also donated money and food during this time through food pantries.

On January 23, 2026, she was formally notified by phone that the circumstances regarding living at the property had significantly changed because of my new government job assignment and that she was required to vacate the premises by February 20, 2026.

It was later discovered that she had sublet a room to an individual named [name redacted] without my prior written consent or approval, and I did not receive any rental payments associated with this subletting arrangement. This unauthorized subletting was discussed on multiple occasions. However, I never provided express written consent or entered into any agreement permitting it. Each time she raised the matter, I stated that I would consider it, but no decision had been made.

She was notified in person on January 24 and again by text message and in person on January 27 that the move-out date had been moved up to February 15.

• Notice to Vacate: I provided in-person notice on January 24, 2026, requiring her to vacate the property by February 20, 2026.
• Unauthorized Subletting: She sublet a room without my prior written consent. Under residential landlord-tenant law, tenants cannot sublet or assign their lease without the landlord's written approval unless the lease specifically allows it. The absence of consent and lack of rental payments from the subtenant constitute a breach of the agreement, giving me grounds for eviction.
• Communication and Consent: The issue of subletting was discussed multiple times, but I never gave express consent or entered into a written agreement permitting it.
• Rental Payments: I did not receive any rental payments from either party associated with the unauthorized subletting arrangement.

No.