I have a friend that has let a ex-girlfriend stay w/ him due to she was down on her luck. Now after 3 months she is refusing to leave. Saying that she is going to claim "squatters rights" because she has been getting mail there in her name. That is not considered "squatters rights" is it?

No. He needs to evict her according to Texas law.

She HAS established herself as a tenant.

There's no such thing as squatter's rights anymore. It has been replaced by the law of adverse possession. Your friend doesn't have to worry about his ex getting ownership by adverse possession because the required time is a lot longer than 3 months.

However your friend can't just lock her out. She has established residence and has to be treated as a tenant even if she's never paid a penny in rent. He has to give her a written notice terminating her tenancy and then file a lawsuit for eviction if she hasn't moved out within the required time. (The time for terminating her tenancy is probably at least 30 days but I haven't had a chance to check yet.)

Quote:

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Originally Posted by LisaB4657

There's no such thing as squatter's rights anymore. It has been replaced by the law of adverse possession.

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Actually, it's just a difference in terminology. SR is the coloquial term for AP. In any case, as Lisa indicated, AP doesn't apply.

Here is the law:

"1. The notice to vacate

If a landlord alleges a tenant is not paying rent, the Landlord is required by law to give the tenant written notice to vacate the premises. This notice can be delivered to the tenant personally with a witness, by certified mail (return receipt requested) or by any other method allowed by law. Unless your lease specifically states otherwise, the law requires you to deliver the written notice, and then wait three days before filing your suit in Justice Court. This is a legal requirement which must be met and cannot be overlooked.

2. Filing the Suit

You must file an original petition with the Court and pay court costs of $72 (subject to change). These court costs pay for filing your suit, your court hearing, and for the Constable to serve the citation. The citation is the notice to the tenant that you are attempting to evict him."

Texas Landlord Tenant Rent Law Security Deposit Evictions