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
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, REALTORÂ®
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
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.
Call me if you have questions. 214-592-5563