Rental Basics in Dallas>Question Details

Markasams, Home Buyer in Dallas, TX

A friend has resided with her aunt for the past 6 months with the landlords knowledge and approval. Not on lease. Aunt moves, neice locked out.

Asked by Markasams, Dallas, TX Sat Apr 10, 2010

By tacitly agreeing to the neices occupancy. Does that not mean an unwritten lease is still in force for neice, with landlord required to properly evict neice thru JP court. I know it's true because a woman stayed in a \n apt I leased her for a year after she stopped paying rent with the support of the JP office. Recourse? She is homeless on the street now at 62 y/o (elderly abuse?) She is indigent. This is just wrong. Can you help or advise.?

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Lynn911.com Dallas Realtor’s answer
Sorry to read all this

I am a Realtor, and an investor, one of my profitable areas of my business is leasing representing property owners and families.

1. Lease IS ONLY in the name of Aunt not the niece
2. Niece should have been added to lease agreement
3. If Aunt moved no longer paid the rent notified the property owner then :
a. Lease was terminated
b. OR niece should have been added to the lease.
4. Niece is trespassing on the property HAS NO RIGHTS must leave immediately
5. Regarding eviction I don't believe JP courts could do an eviction for fact Niece is not on lease has no legal rights.
6. Landlord can take all of her personal belongings toss to the streets.
7. Recommend if landlord would allow Niece to return obtain her personal items best do so than go thru all the drama.

DISCLAIMER: My opinion is only based on the info. you have provided. Recommend for anyone to confer with a attorney ASAP

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
Web Reference: http://www.lynn911.com
1 vote Thank Flag Link Sat Apr 10, 2010
That's why, in Real Estate, EVERYTHING is in writing. There are no Verbal contracts. See http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.92.htm for a full copy of the Texas Property Code, Section 92 which details Landlord - Tenant relationships.

Of course, people rarely look at the contract or lease document until there is a problem. When that problem arises, it's time to consult a Board-certified Real Estate attorney. That lawyer should be able to explain to you how the various courts have interpreted the law, and what current practice is.

Doc Stephens, REALTOR®
Web Reference: http://TellEllen.com
0 votes Thank Flag Link Sun Apr 11, 2010
Like Lynn said, Niece has absolutely no rights in the matter; she isn't party or principal to the lease. Like it now, landlord knowing she was there or not - both are completely irrelevant. She might be able to get a compassionate judge to see it her way since the landlord knew she was there, but is that worth the trouble and possibility that it would NOT been seen her way? Doubtful. If the niece has not been added to the lease in some form or fashiong - temporary resident for specified period of time, etc. she's pretty much out of luck. It may seem wrong, and it is definitely not a good situation, but it is what it is. She needs to approach the landlord for a solution - not speaking with the landlord directly will undoubtedly make this situation worse for her.
0 votes Thank Flag Link Sat Apr 10, 2010
This is a question for an attorney.
There is no such thing as an unwritten lease that I know of.
I believe in Texas all real estate contracts must be in writing.
Not sure she has any recourse.
Do they have anything in writing from the landloard allowing residency?
So the neice is 62years old?
The thing is...the landlord could change "fix" the locks and have the tenant call
to get new keys. If the tenant is no longer there, I would guess they would not have to
release to someone not on the lease.
Is everything paid up, on time, and every other detail of the lease being followed from the
tenant side?
Maybe the aunt quit paying or terminated the lease if she is no longer there.
The neice should probably go to her church, friends, family, etc to get assistance.
They probably cannot depend on the landlord to give assistance.
Just my thoughts.
0 votes Thank Flag Link Sat Apr 10, 2010
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Has the lease expired? The neice is not an occupant until she is written on the lease. Everything must be in writting. If the executed lease is expired, and the person on the lease has abandoned the property, the landlord should have the right to change the locks and move on with new plans.

Call me if you have questions. 214-592-5563
0 votes Thank Flag Link Sat Apr 10, 2010
You need the legal advice of an attorney who specializes in Landlord and tenant laws. No real estate agent can give you legal advice and you certainly need it. Good Luck

Jason Stevens
0 votes Thank Flag Link Sat Apr 10, 2010
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