How to get rid of a roommate that pays no rent in house that I own?

I have a friend/roommate for 8-1/2 months. She is down on her luck and we agreed she would only stay for 2-3 months, no rent or utilities. I have asked her now 3 times to vacate and it is always the same. She looks for about a week and then does nothing. When I ask she has no money and only has a PT job. I want her out since she is very messy and difficult to get along with. Does this require the written letter to vacate in 30 days since she pays nothing?

Asked on November 29, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a roommate in your home that is paying no rent and you want her out, you need to serve her personally with a thirty (30) day notice to vacate. After you serve her with the notice, you need to sit down with her to discuss that the permission to live in your home has ended hoping that she will get the hint and leave on her own.

If the thirty (30) day time period comes and goes, your recourse against her would be to file an unlawful detainer action against her. To do that, I recommend that you consult with a landlord tenant attorney to represent you to make sure all is done properly.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.