Katy, TX asked in Landlord - Tenant, Criminal Law, Real Estate Law and Business Law for Texas

Q: We rented a space to someone on our storage facility. He began living in the space & we allowed it but now want him gone

We own the 15-acre facility & pay taxes every year. Due to his financial situation, we allowed him to stay & work in lieu of rent. Nothing in writing was ever done about this arrangement, all verbal. He's using his truck & camper shell to live in behind our office. Last Friday, 1/17/25, due to continuous issues with him (not working, breaking things, bringing people onto the property without our permission), we gave him a notice of eviction to be effective 1/21/25. We taped the eviction notice to his camper & also handed him the notice in front of someone. He still hasn't left. Is this now a trespassing issue? Can we remove his property that's on our property? Should we call the police each time we see him?

2 Lawyer Answers
Anthony M. Avery
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Answered

A: Quit playing around and hire a TX attorney to file suit for possession.

Teri A. Walter agrees with this answer

A: Because there is no agreement to pay rent, you must give him 30-days advance written notice to vacate for the reasons stated in your question. If he fails to surrender possession of the premises to you after 30 days, you must file an eviction suit in the justice of peace for the precinct where the premises are located. You cannot remove his property until the eviction suit has concluded and the constable has served a writ of possession on him. Once the constable has completed the writ of possession, you can then remove and discard any possessions he has abandoned on your premises.

Teri A. Walter agrees with this answer

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