Dallas, TX asked in Contracts, Criminal Law, Family Law and Real Estate Law for Texas

Q: Ohk. 5years I've been with Matthew in total. First 2 years we lived in the same house as his grandparents.

I claimed they had mold, they told me I had to get a mental evaluation or I'd be evicted I knew I wasn't crazy refused and was evicted. Shortly later I was let back into the residence. For about another year I was called crazy this and that so went to FL. For mental rehabilitation. So after 9 months about 2 years ago I come back to tx and my significant other and I are allowed to move into a home she owns, but dosnt herself. Now she's trying to evict me again, because of parenting differences that Matthew and I faced. Now she's saying in 72 hours she will put my material belongings on the curb if I do not vacate.

There is no lease agreement. And my name is on the utilities. My so also has no job.

1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Well, here's the problem. You haven't asked a question or sought any legal analysis from us. I really don't like to assume that I can read your mind and determine what is is you want to know. However, if you want to know whether you can be kicked out of this residence, then the answer is probably yes.

Landlord/tenant laws in Texas are generally written by legislators whose political careers are supported by well-funded landlords. If utilities are in your name and you receive mail there, then you can prove, even without a written lease, that you live in that house. But without a lease, she's going to be able to evict you (again) in pretty quick order. If I were you, I'd get out of there before she can get an eviction order. Also, get the utilities out of your name so whoever lives there after you're gone can't run up any debts for which you might be liable. With one eviction already on your record, you will probably have a difficult time finding a new place you can lease, but if you end up with two (2) evictions, things will be just that much harder.

One helpful thing is that an awful lot of renters are getting evicted because of the pandemic economy. So going forward, landlords might give people (who have suffered an eviction) a break that they wouldn't have given those folks a few years ago.

I wish I could give you a more hopeful and helpful response to your situation. On the other hand, if your landlord wants you gone, and calls you a crazy so and so, and doesn't mind making you live in a mold-ridden residence and will throw your belongings outside, why in the world would you want to be there? Good luck.

Rafee'a S. Majeed agrees with this answer

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