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    MRough's Avatar
    MRough Posts: 2, Reputation: 1
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    #1

    Jun 11, 2007, 06:51 PM
    Family Member Won't Move Out
    My aunt owns her home. While she is not currently living there, she is helping her nephew out by letting him stay until he gets on his feet. There is no legal agreement (paperwork)... it was a verbal understanding, and when he moved in it was under the understanding that it was NOT permanent, and when she was ready to move back in, he was to leave. He doesn't pay full rent, just some rent and utilities on occasion. She is ready to get back into her home, but now he won't leave. He is saying he has 30 days to move, even though she asked him to leave over 2 months ago, and then again 1 week ago. How does she get him out? Does she have to take legal action? Does he REALLY get 30 days?
    Thanks in advance.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Jun 11, 2007, 07:31 PM
    Since he has paid rent he is a legal tenant. So yes, she must give him 30 days written notice. If he still doesn't leave then she has to file a lawsuit for eviction.
    MRough's Avatar
    MRough Posts: 2, Reputation: 1
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    #3

    Jun 11, 2007, 07:34 PM
    Also, does it matter what state we are in? Are the laws different? We are in Texas.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 12, 2007, 05:12 AM
    Hello M:

    In terms of legally defining a tenant and giving your tenant 30 day notice, NO it does not matter what state you're in. These laws are all the same.

    excon
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