Summary
In Texas, verbal tenants have rights and their possessions cannot be disposed of without their consent or a court order. Even if the tenant has no markings on their possessions, they cannot be claimed by simply writing ones name on them. The eviction process must be followed, and it is generally advised to seek legal counsel before taking any action that could potentially violate tenant rights. The ownership of the house, if in the name of deceased parents, needs to be legally transferred before any enforceable action can be taken.Full Conversation
Texas
What is the nature of your brother's daughter's occupancy? Is there any written agreement or lease?
We allowed her to stay here with us nothing was written up all verbal she has hoarded the house up with stuff all the way around I just want to call it my stuff and throw it away can I do that
What is the duration she has been living with you? In Texas, a person living for a certain period can be considered a tenant, even without a written agreement.
Less than 6 months
In Texas, verbal tenants have rights too. You can't throw her stuff away. You must follow the eviction process. Contact your local court for more details.
She has no markings on any of the items saying that it is hers why can't I call that stuff mine and throw it away throw it away throw it away
What proof do you have that the items are not hers? In Texas, you can't dispose of someone's property without their consent or a court order.
They will have my written name on them and I throw it away
What is the reason for writing your name on her possessions? In Texas, you can't claim someone's property by simply writing your name on it.
To show that they are mine
What evidence do you have to prove that these items originally belonged to you? In Texas, simply writing your name on someone else's possessions doesn't make them legally yours.
I don't and neither does she
What steps have you taken so far to resolve this issue? In Texas, it's generally advised to seek legal counsel before taking any action that could potentially violate tenant rights.
Meant to court for eviction since the house was neither in my brother's name nor his name they wrote she could stay fine she can stay but I'm throwing all the s*** out saying it's mine she can't prove it's not I can't prove his hers
What was the court's decision regarding the eviction and the possessions in the house?
No ruling on possessions pronounced you can stay
What is the name and location of the court where the eviction case was heard?
Precinct * fort Worth Texas
What was the exact ruling of the court regarding the eviction?
For general information, in Texas, you cannot dispose of a tenant's property without their consent or a court order.
Until we can show ownership of the house there's nothing enforceable
What is the current status of the house ownership?
Still in our dead parent's name
What steps have you taken to transfer the house ownership from your deceased parents' name to yours?
None none of them yet
What is preventing you from initiating the process of transferring the house ownership from your deceased parents' name to yours?
Just going to the courthouse and doing it or wherever these things are done maybe some financial means
What is your financial situation? Are you unable to afford the legal fees associated with transferring property ownership?
Limited
What steps have you considered to address your financial limitations in order to proceed with the property ownership transfer?
TRY ME!
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