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View Full Version : THEY WON'T LEAVE - are abusive to my 62y/mom of Texas


etzelsquad
Jan 24, 2015, 09:32 PM
My mom (62 yo./Texan) - has her two oldest daughters living with her. The oldest has a daughter who is also living with my mom. The oldest works about 3 days a week - making minimal income. The second - does not work, has a muscle disease (maybe from years of drugs -idk), also no kid. Both moved in when my dad died in 2012 and will NOT leave. They are very verbally abusive and are controlling. She pays for their TV (mainly because of the child in the home), for their cigarettes, for the oldest's I-Phone (which the oldest is supposed to pay for, but does not. Also, for a Cell phone for the second daughter, for all food in the home. She has aid for all furniture in the home and all items (for the most part) in the home. She pays for my sister's prescriptions.
My mom is fed up but doesn't know what to do about her situation. If she were to put an eviction notice out, how can she? Will they be allowed to destroy her things. I need to find a way to list (line-by-line) the steps that mom needs to take. If I can do it for her - I am willing - I just need the know how. We need some help to figure this out! ::HELPLESS::

Fr_Chuck
Jan 25, 2015, 04:54 AM
Assuming they are not on the lease or rental agreement, She will need to file for an eviction. She should check with the county clerk since rules vary on location.

But basically she gives them written notice, and if they will not leave, files for formal eviction in the courts.

If they start destroying her things, she calls the police and reports it.

Also, she stops paying for things for them,

joypulv
Jan 25, 2015, 04:58 AM
Yes, she can evict them as she would any tenant. Being related means nothing as long as they are not on the deed. And it sounds like there is no lease, so they are 'tenants at will,' often called 'month to month.'
You say you want to help, but it most likely will mean being there to help her in person. Both to go to court, and to prevent damage. Are you able to do this?
Keep in mind that your mom isn't exactly acting like a mom who is fed up and is willing to evict, given how much she pays for that isn't even vital. Iphones, good grief. And cigs.
It's going to take a while, and she needs to be prepared for the reactions the entire time, well over a month.

Texas Evictions (http://www.rentlaw.com/eviction/texaseviction.htm)

She could talk to her bank about putting her money into a revocable trust and let them give her a monthly allowance. (A trust doesn't take the place of a will - which I hope she has.)
Her bank would have to have a trust department. She could change banks.
That way the bank can be the bad guys.
But no one should do this without a lot of thought, and there is a yearly fee to the bank.