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Squatter or tenant? Help!!

3,298 Views | 21 Replies | Last: 4 yr ago by aggie appraiser
Colortunnel
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Howdy! Looking for some advice here. My fathers wife passed away last summer with the house in her name. My father to inherit her entire estate as she had no living relatives.

Flash forward 1 year- my brother and I have been given his Corpus Christi Texas home. We wish to sell immediately. When we sent a realtor over to the home we found that a woman who had assisted us during the relocating of my father is now squatting in the house. My brother and I both live out of state, so she was our only contact in Texas. She had been quite helpful to us in many aspects, helped us empty his home..was present to meet locksmith when we had the house re-keyed, etc.

She now claims my father offered to "lease to own" the home to her at $1000/month. She told my father she needed to have electricity turned on so that when she checked on the home at night there were lights on. She has never given my family any money for the property in any degree.

We have informed her of our intention to sell the home ASAP. She is now saying she has done improvements to the home and wishes us to reimburse her (but of course cannot provide receipts)

Should we proceed with a notice to vacate? Is she considered a tenant under Texas law? I'm inclined to inform her that we intend to proceed with formal eviction if she cannot vacate the premise immediately.

Help!!!! Any advice is greatly appreciated.
Red Pear Realty
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AG
You need an attorney. Or some East Texas justice, one of the two.
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SteveBott
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AG
That sucks. Whose name is the electricity in?
SteveBott
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AG
And water?
Colortunnel
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I believe she put it in her name
Gator92
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AG
Probably easier to pay her off for her "expenses" than get an attorney. Find a realtor and get it on the market.
SteveBott
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AG
Her name really sucks for you. I'm leaning Gator and pay her off. Have you given any money to her for her help yet?
CS78
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Offer her $500 cash to be out and hand you the keys in 14 days. If that doesn't work, get an attorney that does evictions.
dallasiteinsa02
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The out of state thing makes this a little more difficult. Talk to an attorney but I would be most worried about her destroying the house.
histag10
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AG
How did she get them turned on in her name? BTU required me to show a lease or proof of ownership to turn on utilities.
schwabbin
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AG
Can you just assume she is trespassing and call the police?
schwack schwack
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AG
Quote:

helped us empty his home
Yeah, I'll bet she did.
Quote:

... was present to meet locksmith when we had the house re-keyed, etc.
So, she kept a key & moved on in?
MR Gadsden
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This sounds like Corpus. What part of town is the house in? If you need it couple names of attorneys down there let me know.
insulator_king
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AG
Sorry to hear about your situation.

Note to self to learn from this and not just let someone do things for you without written agreement.

SOunds like the plan to squat was in place from beginning.
MS08
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AG
Quite a pickle! Hang in there and you will get it figured out.
jopatura
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AG
Where's the father in all of this?

Otherwise she's a tenant. Cash for keys or proper eviction are your only two options.
SW AG80
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AG
Hire a lawyer. And don't put this off. Her right through adverse possession is already running in her favor. The longer you wait the more difficult it becomes.
dallasiteinsa02
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SW AG80 said:

Hire a lawyer. And don't put this off. Her right through adverse possession is already running in her favor. The longer you wait the more difficult it becomes.

It would be 10 years in this situation under Texas law. 3 years if they have a title to the property and 5 if they had been paying taxes on it.
Aggiemike96
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AG
MS08 said:

Quite a pickle! Hang in there and you will get it figured out.


This is your suggestion and contribution to the discussion? /laughcryemoticon/
MS08
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AG
Aggiemike96 said:

MS08 said:

Quite a pickle! Hang in there and you will get it figured out.


This is your suggestion and contribution to the discussion? /laughcryemoticon/


Yeah, I agree, probably not the best take, hah! I've had to do a handful of evictions in my day and just started the process of another about when I chimed in on this thread. Important to take initiative and start the process quickly
DannyDuberstein
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AG
Burn it down with her in it. Collect the insurance. Sell the lot. Profit
A-2 Renegade 91
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AG
I am a lawyer in Corpus Christi. You need to give notice to vacate ASAP, followed by an eviction suit.
aggie appraiser
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Rent the house to a motorcycle gang. Problem solved.
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