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Let’s one of us join the Findlaw forum and ask an attorney!
I’m not an attorney and don’t play one on TV but I did clerk for a big Century City litigation firm when I was a college student. A couple of the things I learned: Don’t die with a vast estate without making a will-- and always get a prenuptial agreement! During the years I worked for the litigators, we didn’t take documents for those cases to the file room because they took up permanent residence on a chair in the attorney’s office. No attorney likes probate cases!
But back to our questions at hand. Will someone volunteer to ask this question on the Findlaw forum??
You may also wish to include in your rules that the guest is responsible for any reasonable legal fees associated with enforcing the rules and terms you have set forth.
To the best of my knowledge, if you have the tenant removed prior to their staying 30 days, it will fall under trespassing. Most of the posts about squatting have been in response to posters who are considering renting long term. I don’t think it matters how long the rental agreement is for, it matters how long the “tenant” has resided at the rental. In other words, if you have a 21 day agreement, but the tenant or guest stays for 30 days he or she will have the rights of a tenant. I’ve even known people who had to evict non-paying tenants (relatives, romantic partners, friends who overstayed their welcome, etc.). Also, a lease agreement doesn’t mean that you don’t have to follow eviction proceedings if the tenant doesn’t pay. A lease really offers more protection for the tenant than the landlord as the rent is fixed for the period of the lease. In Los Angeles, CA, when a lease expires, the agreement automatically switches to month to month. As I understand, tenant rights are very different in Texas.
But how can you do this? We have heard that you can’t just call the cops if your Air guest acts up. This is why you can’t really count on calling the cops if it is a short term guest and you want them removed. (Unless you run a bona fide B&B or hotel.) They don’t get involved in civil matters.
I’m not an attorney, but my understanding is that if the guest has not acquired tenant status due to staying for 31 days, they are trespassing which is criminal, not civil.
K9, check this article out. The attorneys directly address the Texas laws. Even though this is written for hotels, all the same principles we’ve been discussing are still in play. Very interesting how they advise hotel operators to “maintain control of the room.”
LIssci, you poor thing. I feel so badly for you. Is there just nothing else that can be done?
When she calls police how do they respond? Do they come out and then what? Do you tell them she is a squatter?
How dare she do this to you in your own home. I would be stressed out beyond belief. Please keep us posted on your ordeal and I sincerely hope there is progress made toward getting this parasite out of your home. I would sincerely rather host a tapeworm in my gut than this piece of trash. Hugs.
This is a cut and paste from the article Ellen posted above. Why wouldn’t The squatter be considered a single family lodger?
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One significant legal difference is if there is a “single family lodger” tenant-landlord relationship. A homeowner who rents a room to one tenant in his or her house, and who continues to live in the house, is subject to this rule, which is described in California Civil Code Section 1946.5. The most important difference is that a homeowner who has a single family lodger need only give a notice of termination to the lodger equal to the length of the rental payment period, regardless of the length of the tenancy. For example, if the rent is paid monthly, the notice would be a 30-day notice. This rule is different from the rule applicable to any other month-to-month tenant, who is entitled to 60 days’ notice after being a tenant for more than one year, regardless of the rental payment period.
Also, the single family lodger is potentially an exception to the usual rule in California that requires a landlord to use the unlawful detainer process in Superior Court to evict a tenant after the tenancy has been terminated. Under Section 1946.5, a single family lodger who does not leave after a 30-day notice of termination expires becomes a trespasser, and in theory can be removed by the police without requiring the landlord to complete the unlawful detainer process. However, many local police departments have decided as a matter of policy not to become involved in removing single family lodgers, so a homeowner would need to check the local police policy before relying on this doctrine.
Believe me, there are cops who know and understand the the laws and who know just how to skirt around them with sh*t birds like this. They are probably violating a few other laws as well… In a case like this I would pay them for their knowledge, just in case…
Meanwhile, remember to document everything. Can you install security cameras? Not in her bedroom but on the rest of the property? The deck where she smokes, the entrance so you know when she is coming and going and if the child is being left unattended at times when you aren’t there? You can have them in your living space as well but they have to be disclosed.
I’m not an expert and you should check local/state laws. I know for sure they can’t be hidden cameras and for sure you can have them outside as there is no “reasonable expectation” of privacy outside your home. Even if it doesn’t help with your current guest it will probably help in the future.
