Evicting a Non-Paying Girlfriend in Texas

[texasman]

I own a home in Texas (Collin County) and my girlfriend has lived with me for the past year rent free. There is no written or verbal agreement on her tenancy. Basically, she keeps me happy and I let her live with me rent free as well as paying for all her expenses...food, utilities, medications, etc.

After a year, it is clear that we are incompatible as roommates. As such, I've asked her to move out and told her I would be patient with her as she looked for a job and a place to live. I even told her I would help with the deposit and rent up to a total of $3,000. She has been dragging her heals trying to get me to change my mind and my patience is now gone.

What legal steps, if any, do I need to take to get her out? Do I owe her any written notice?

[panther10758]

You are going to begin legal actions (eviction) Start by giving her a written notice to leave you might even want to mail it to her or have her served! In meantime pay nothing for her food etc. You are under no obligation to feed her etc so dont.

[aaron]

Here's a brief guide to Texas eviction procedure (PDF Format).

[VTparalegal]

Because this is private property, she is considered a houseguest. From what you have stated you did not establish a landlord tenant relationship since there was no rental agreement. under these circumstances you do not need to go through the eviction process. You can simpley tell her to leave or call the police and have her removed.
You could also consult an attorney and hire him to have her removed.

[aaron]

If the police agree that she's a houseguest and tell her to leave, that's fine. The police, though, frequently tell people in this type of situation that they will not act without an order of eviction.

An attorney would do what, other than file an eviction action?

[kkirk007]

If the police see evidence that she lives there...clothes there, toothbrush, etc...and especially if she's receiving mail there and that's the address on her driver's license...then they're NOT going to remove her. (trust me: been there, done that)

It takes 3-4 weeks to get someone evicted, assuming they don't appeal or anything.

[calowl]

As a California attorney, I have seen this situation a few times. Here, basically, the police will not interfere.

You have to evict, and also because we also have a"houseguest" rule, it is a little simpler and quicker than evicting a tenant.