Dallas, TX asked in Real Estate Law and Landlord - Tenant for Texas

Q: What rights do we have?

My boyfriend has lived in the same house for just about 30 years now. It was signed over to his father by his grandfather, who then signed it over to his mother for back child support. He has never had to pay rent but has paid on the 3 mortgages against the house she has taken out.. she has not lived in the house in over 20 years. He has had the electric and plumbing redone in the entire house he has done all maintenance and upkeep and made many improvements inside and out. the septic system is over-flowing and needs work he had spoke with her several times and she won't have it fixed and tells him he better not touch it or have any one fix it. The property taxes are up to date and nothing is owed on the house he's kept it paid. Recently we received a certified letter from an attorney's office stating : notice to vacate that we are advised that our residence is terminated immediately and have 11 days to vacate. There's no lease nor ever has been. what rights do we have if any?

1 Lawyer Answer

Tammy Lyn Wincott

Answered
  • San Antonio, TX
  • Licensed in Texas

A: Your boyfriend may have established what's commonly referred to as a "tenant at will". The landlord/owner has to give 30 days notice to vacate. If a tenant refuses to vacate, the landlord/owner must then pursue an eviction proceeding through the courts.

http://www.tenant.net/Other_Areas/Texas/txlihs/tenadvis.html#anchor1034261

Contact a real estate attorney familiar with tenants at will and eviction in the appropriate area.

1 user found this answer helpful

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