[TX] How do I evict family members from my garage in Texas?
I live in Lubbock, Texas, and have family members living in my garage. This was supposed to be a short-term arrangement starting around 1/1/2022. No exact move-out date was ever stated since they’re family and had nowhere else to go. We talked about them staying for a few months, just until they could find jobs and a place to live. It’s been over three years now. They have no full-time jobs, no transportation, and no housing prospects. We originally told them they needed to be out by 05/31/2024. We pushed that date multiple times: to 08/31/2024, then to 11/30/2024, then to 12/31/2024 due to the holidays, and again to 03/17/2024 during spring break. They ignored every deadline and said we’d have to go through eviction if we wanted them gone. We finally told them they need to be out by 05/31/2025, and that anything left behind after that will be removed on 06/01/2025.
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Since there’s no lease, they’re considered month-to-month tenants under Texas law (Texas Property Code § 91.001). You’ll need to start the eviction process. You have two options:
- Serve a 30-day written notice to terminate the month-to-month tenancy.
- Serve a 3-day notice for lease violations—like failing to clean, unauthorized guests, disturbing neighbors, etc.
Under Texas law, you can serve a 3-day notice to vacate for incurable lease violations (Texas Property Code § 24.005). Landlords can evict tenants for violating lease terms or failing to meet responsibilities under landlord-tenant law. These are considered incurable violations. Once you serve the 3-day notice, they have to move out.
Incurable violations can include things like:
- Failure to provide cleaning services (if that was part of the agreement)
- Having unauthorized guests
- Disturbing neighbors and you
- Any other outrageous lease violations
Eviction notice delivery options in Texas include (Texas Property Code § 24.005(f)):
- Hand delivery to the tenant
- Hand delivery to a person 16+ at the property
- Affixing it to the inside of the main door
- Mailing it (return receipt requested)
- Posting on the outside of the main door AND mailing it (if there’s no mailbox or there’s a safety concern)
Keep a signed and dated copy for your records.
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I live in Lubbock, Texas, and have family members living in my garage. This was supposed to be a short-term arrangement starting around 1/1/2022. No exact move-out date was ever stated since they’re family and had nowhere else to go. We talked about them staying for a few months, just until they could find jobs and a place to live. It’s been over three years now. They have no full-time jobs, no transportation, and no housing prospects. We originally told them they needed to be out by 05/31/2024. We pushed that date multiple times: to 08/31/2024, then to 11/30/2024, then to 12/31/2024 due to the holidays, and again to 03/17/2024 during spring break. They ignored every deadline and said we’d have to go through eviction if we wanted them gone. We finally told them they need to be out by 05/31/2025, and that anything left behind after that will be removed on 06/01/2025.
Lexi, Chatbot
Have you had any discussions with them recently about a move-out date?
Yes, several. As I mentioned, we gave them multiple dates, and they've ignored all of them. They said we’d need to evict them formally.
Lexi, Chatbot
Have you considered getting legal advice on how to proceed?
No, I want to avoid court. A judgment would make it hard for them to rent. My niece is family. Her husband isn’t, and he’s the one who said back in 2023 that $100 a week was too much. We planned to save that for their rent deposit, but my husband hates confrontation, so they stopped paying.
Lexi, Chatbot
Is there anything else the lawyer should know?
I just want to make sure I use the correct document to deliver the eviction notice properly. We can hand it to them and send it via certified mail, too.
Lori
Hi, I’m Lori, an attorney with over 25 years’ experience. Was there a written lease?
No written lease. It’s my niece, her common-law spouse, and their now-teenage son. They were supposed to stay 3–6 months. They haven’t helped us financially. She used to clean once a week but stopped. They don’t buy groceries. We’re on Social Security and can barely afford to feed ourselves. They live in the garage—no kitchen, no bathroom, and no privacy from their son. They have four cats and a dog. It’s made us miserable in our own home. We’ve asked them not to use the house after 11 p.m. because they were showering at 3–4 a.m. We’ve asked them to stop having guests all night. It’s just too much.
Lori
Thanks for the details. Let me put together a response.
Thank you. I’ll keep my phone nearby.
Lori
Since there’s no lease, they’re considered month-to-month tenants under Texas law (Texas Property Code § 91.001). You’ll need to start the eviction process. You have two options:
- Serve a 30-day written notice to terminate the month-to-month tenancy.
- Serve a 3-day notice for lease violations—like failing to clean, unauthorized guests, disturbing neighbors, etc.
Under Texas law, you can serve a 3-day notice to vacate for incurable lease violations (Texas Property Code § 24.005). Landlords can evict tenants for violating lease terms or failing to meet responsibilities under landlord-tenant law. These are considered incurable violations. Once you serve the 3-day notice, they have to move out.
Incurable violations can include things like:
- Failure to provide cleaning services (if that was part of the agreement)
- Having unauthorized guests
- Disturbing neighbors and you
- Any other outrageous lease violations
Eviction notice delivery options in Texas include (Texas Property Code § 24.005(f)):
- Hand delivery to the tenant
- Hand delivery to a person 16+ at the property
- Affixing it to the inside of the main door
- Mailing it (return receipt requested)
- Posting on the outside of the main door AND mailing it (if there’s no mailbox or there’s a safety concern)
Keep a signed and dated copy for your records.
The form you provided is similar to one I found, but it’s more user-friendly. Thank you for your help.
Lori
You're welcome! Glad I could assist.
Lori
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