I invited my 25 year old daughter and her small children to come to my house and live after they were homeless in Florida in the fall of 2004. They arrived in March of 2005.

Since moving in she and her small children have ruined my carpet, walls and one toilet. They are slobs and she hasn't given my a dime since last November. I have asked her to at least keep my house in order, but nothing changes.

I want her to move out. She insists that I have to evict her. I don't think that we have a tenant - landlord relationship. Especially since she doesn't pay me rent.

Can I just kick her out? Or do I have to go through an eviction process? We live in Texas.

Thanks, Margie

Who is a "Landlord" And Who is a "Tenant?" - California Department Of Consumer Affairs (http://www.dca.ca.gov/legal/landlordbook/whois.htm)
Its California but the defintions should be the same

I would check with a local Real Estate agent. But my reaction is without a lease or any documentation of a rental agreement you shouldn't need to go through a formal eviction process. Next time they all leave the house call a locksmith and have all the locks changed.

I can often get things wrong, but it is not what you said but what you did not say.

Turning your grandkids out to the streets??

Ok, small kids do ruin things, spills on carpet, writing on walls and so on, it just happens.

If you are at a point of evicting your child and your grandchildren ( and I get this funny feeling when you never called them grandkids)

And what happens when you stand and order your daughter to do something. Who does the disipline in the home. Does anyone.

Sorry but I think that from counseling, to other planning or merely forcing, there has to be another way beyond turning them out into the street.

But yes if you have to turn them out, esp with little children, do it with a date, not just when they come home one day.

Dear Margie.
Question??
You say she hasn't paid you a dime since Nov 2005 and she moved in Mar 2005? Was she paying you $$$ from March till November?

If she was paying you $$$ what EXACTLY was it for.. room and board or food or just to help out with the bills...

I agree with Fr Chuck about not getting too emotional about the breaking and spills.. kids are kids but when their parent refuses to step up and fix the problem then I have a problewm with that...

Did you give any type of receipt for the $$ given to you?
If so what were they for?
Was there an agreement on PAPER about the living arrangements?
Ask her how she considers herself a tenant in order for her to be evicted?
Does she have a job or are you supporting 100%?
If she's been homeless since the fall of 2004 and didn't move in with you till Mar 2005 how did they live for those months in between?
Does she qualify for any type of assistance?


You did the right thing by letting her and the kids with you while getting back on their feet but there comes a time when enough is enough...

You need to TELL her there IS going to be a date that she WILL be moved out by and if she needs help finding a place or a job or assistance you will be willing to help her(she is your daughter no matter what)... if all this helping still doesn't sway her...

Call the local police and explain the situation and see what they say or call a local tenant/lanlord lawyer.. usually the 1st consultation is free

Just remember..

They will always be your children no matter how old they are.. so love them and cherish them but don't let them run your life...

I invited my 25 year old daughter and her small children to come to my house and live after they were homeless in Florida in the fall of 2004. They arrived in March of 2005.

Since moving in she and her small children have ruined my carpet, walls and one toilet. They are slobs and she hasn't given my a dime since last November. I have asked her to at least keep my house in order, but nothing changes.

I want her to move out. She insists that I have to evict her. I don't think that we have a tenant - landlord relationship. Especially since she doesn't pay me rent.

Can I just kick her out? Or do I have to go through an eviction process? We live in Texas.

Thanks, Margie
First-I cannot imagine ANYONE living in my house and not obeying the rules
Second-I cannot imagine my daughter (or son)backtalking me and she will be 30 this year
THIRD -My grandkids are my heart and they do not come over and destroy ANYTHING in my home. We have a great time and as they get older they actually help out and LOVE IT!
More important than the money where's the love, discipline and respect, for family that should be part of every home? We also live in Texas and no matter the where or what the law says this is still your home and if you can't get through to your daughter that she is responsible for her living space then give her a date and ENFORCE it. Put it in writing and keep a copy! (30 days should be enough)!:cool: :eek:

I'm going to add something here. I reacted more to the question then the situation. I made the assumption that you have given this issue some serious thought before arriving at this decision. If you haven't I would urge you to seek some counseling to resolve this situation without making your daughter and grandkids homeless. Maybe you can find an apartment for them, pay the security deposit and 1st months rent and then leave it up to your daughter.

Ok here is what you should do get your daughter and sit down and have a long talk with her about the situation. First make up a contract and have a notary notarize it have her sign it and you must make some rules.Then if she does sign it and doesn't go by the rules then you have the right to kick them out. I do feel sorry for the kids though.