Adult children living with their parents have become more common in recent years. Parents allow their adult children to move back home when their children lose their jobs, return to college, or merely need a home while they “figure things out.”
Whatever the reason might be, getting your adult child to leave home can be difficult. Understanding your options to evict adult children in Texas is the first step in this situation.
Non-Legal Remedies to Evict Adult Children in Texas
Using non-legal remedies to get your adult child to leave home can help preserve your relationship with your adult child. Open communication is the key. Try talking with your child about developing a timeline for them to move out.
Your child might have hurdles they need to overcome before moving out of your home. For example, they might have insufficient funds for a security deposit and the first month’s rent. Your child might need to get a job or finish a degree before moving out. You can help your child make a plan to complete the tasks necessary for them to move out on their own.
Parents and children can sometimes benefit from a neutral third party to mediate their conversation. A mediator can facilitate conversations and keep the parties focused on the end goal instead of getting sidetracked.
You may want to consider reducing your agreement to a legal contract. If your adult child does not follow the plan and timeline, having a legal contract can help with the eviction process in Texas.
Evicting Your Adult Child in Houston, TX
Should your adult child refuse to leave your home, you may need to evict them legally. Forcefully removing your child from your home is not an option. It could create a dangerous situation and result in assault charges against you.
If you injure your child while trying to force them to leave your home, your child might sue you for personal injury damages. Instead, you must take legal action to evict an adult child in Texas.
Did Your Adult Child Sign a Lease or Rental Agreement?
If you and your child signed a lease or rental agreement, you are a landlord, and they are your tenant. You must follow Texas landlord-tenant laws to evict them.
If your child breaches the lease agreement, you must give them a three-day notice to vacate your home. Examples of breach of contract include failing to pay rent, causing property damage, and violating noise policies. You must file an eviction lawsuit if your child does not leave within three days.
If your child breached the lease agreement, you can file an eviction lawsuit seeking an order requiring your adult child to leave home. However, if there is no breach of contract, your options are limited.
For month-to-month leases, give your child a 30-day notice to move out. At the end of the 30 days, file an eviction lawsuit. However, if the lease has a fixed-term end date and your child has not breached the contract, you might not be able to evict your adult child until the end of the lease agreement.
What Happens if There Is No Lease Agreement?
Without a lease, an adult child is a guest in your home, especially if they are not paying rent. You can ask a guest to leave whenever you desire. However, if your child pays rent or has lived with you for some time, a judge might find they are a tenant. Therefore, the tenant-landlord laws would apply.
The good news is that if your child is considered a tenant without a lease, it is presumed that the agreement is on a month-to-month basis. Therefore, you can give your child a 30-day notice to vacate the home. If they refuse to leave, you can proceed with the eviction lawsuit.
Contact or Call 1-888-603-3636 To Schedule a Free Case Review With an Undefeated Houston Personal Injury Attorney
Dealing with the eviction process can be challenging. For more information, contact our Houston personal injury lawyers. Working with an attorney to evict an adult child in Texas can help you avoid making mistakes that result in unnecessary delays and costs.
For more information, please contact our Undefeated Houston personal injury attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
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