What can be done if a person will not vacate a home that is not theirs?

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What can be done if a person will not vacate a home that is not theirs?

My grandparents passed away a few years back and their house is still under my grandfather’s name although my father pays the taxes every year. My uncle has lived in the house for years now. He recently got a girlfriend who started staying their as well. She’s caused trouble, threatened my uncle, the cops have gone over and now she’s changed the locks. She acts like it is her house. Is there anything my father and his siblings can do to keep her out?

Asked on May 24, 2015 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In most states she will be considered to be a "licensee". That is someone who was invited to come onto the property and permitted to stay. An much as a tenant, a licensee has certain rights regardingtheir being made to vacate the premises. Accordingly, they can only be removed via a legal eviction (i.e. "unlawful detainer") proceeding. To try and force her out or lock her out of the premises will at this point be an illegal act.


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