son moved in when father died - Landlord Forum thread 353319

son moved in when father died by felix arispe (texas) on July 17, 2017 @20:41

I was selling my house to my nephew in Austin Texas.I live in corpus Christi Texas. it was a verbal agreement only no title company. he passed away suddenly he had made june payment. so I told his son witch was not living there at the time of his death. That I was coming home july the first so they needed to leave. well now the son his girlfriend and a couple of kids have moved in . well today I drove to austin and served them with 3 day notice when I got back home I had email from them if I want to talk with them contact his lawyer. I am a 69 years old I live on limited income I have no money for lawyers what can I do

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Re: son moved in when father died by Anonymous on July 17, 2017 @21:16	[ Reply ]

IMO, it appears you need a lawyer to evict them. It appears from your brief post that they have established themselves as tenants.

Re: son moved in when father died by Garry (Iowa) on July 17, 2017 @22:07	[ Reply ]

I agree with the anon. You will need to borrow a couple thousand $ from friends or relatives, and hire an attorney to do an eviction for you. If you don't, they may still be living there when Xmas comes, while probably paying you no rent at all. I'm sorry that these unfortunate circumstances have happened to you. But sometimes "life" throws us a curve ball, and we must "straighten" it out. Good Luck

Re: son moved in when father died by Piss ant on July 18, 2017 @08:33	[ Reply ]

Read up on the rules for doing an eviction. Most courts have people working that can help walk you through the process. Usually cost to file a do it yourself eviction run around 500.00 dollars. Different states will vary. You don't need to talk to this kid or his lawyer. At the court you pay money to have court paper served to this nephew or his lawyer. At some point you show up in court to present your case. I would not accept any rent money from the nephew. If you do you are getting set up for the nephew to establish himself as a legit renter. I don't know what the rules are in your area are. But a 3 day notice for my area. Means I'm giving the Tenant, 3 days to pay rent or move out. I don’t think you want to establish this kid as a Tenant. I think you need to send a different notice. Possibly a 10 day notice, may be longer. And file a unlawful Detainer action in court. Read up about the laws in your state. You can do it.

Re: son moved in when father died by felix arispe (tx ) on July 18, 2017 @23:43	[ Reply ]

my whole thing is why do I have to evict him at all? if he never had lease or paid rent to me .he a trespasser

Re: son moved in when father died

Re: son moved in when father died by Anonymous on July 19, 2017 @11:54	[ Reply ]

This presents itself as the landlord needing to foreclose on the deceased nephew. It's not a landlord tenant relationship as your nephew was buying the home. Serving the 3 day notice might be a waste of time and money if taken to court and the judge decides that foreclosing is the correct procedure to follow. The son also may have a claim under by law as to the right to inherit his fathers property. Just because it was a verbal agreement, does not make it not a legally binding agreement that can be enforced in court.

Re: son moved in when father died