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Month to month, no lease...Please HELP

Posted by jce5086 on September 07, 2001 at 21:37:19:

Need advice quickly... My family (two kids and exwife) and I live in a private home in Texas. I moved in 2 years ago as a roommate with the owner's son who has lived in the house all his life, no lease or deposit was required. This was strickly a friend helping a friend situation. I always paid his mom on time and always the entire amount. I have established residency with everything from my kids being enrolled in school to bills in my name. Recently, our roommate told MOMMY(landlord) that he wasn't happy and needed some time to himself. Understandable....A whole family living with someone else can drive you nuts sometimes. :) Mommy called about 5 weeks ago and said we had to move out because she wanted her son to be all better(he is 30 yrs old!). Fine... My exwife had already been looking to move for months now, infact was in the process of buying into a Choice Home which was going to have to be built and take 4 months and was far away from the schools our sons attended. The plan was then for her to move temp into an appartment with myself and I would stay in appartment when her home was finished. About 3 weeks ago, (house not started built yet), a house just around the corner from here went up and was PERFECT! Same neighborhood! My exwife quickly went into a bidding war with other couples but managed to win. She and her mom secured financing and to close on home the 6th. Well, I told our roommate that closing was on the 6th but not sure when keys to get into home would be available. Exwife mom live in Utah, papers and things having to be FedEx. He told his MOMMY, she said we could stay till Sunday the 9th but she was coming into town herself on that Monday to start some cleaning up. Thought that would be fine but got word today from exwife mom that she received the final papers and Fedex back but they indicated won't be here till Tuesday because of location and she missed the last pickup time on Friday. Told roommate of situation, he called his mom, she left nasty message on machine stating we are just going to have to get a storage for the stuff and stay in a motel as she will be coming in on Monday with a friend to do some things to house. Now, I know this is long, sorry, but thought I had to say everything to get point out. I know the Texas lockout laws from reading this site but am concerned since there was no formal lease or agreement and no written notices from anyone. Am I right in assuming that the only recourse for her is thru the courts? If she tries to forceable remove us or call police, am I also right in assuming that this is illegal since we have established residency for 2 years now? I don't care about eviction, we are only talking about 2, maybe 3 days to get everything out. Am I being unreasonable? I really need advice quick. This is probably going to get very ugly come Monday, not to mention, roommate hasn't come home from work yet today and I am alittle ticked right now about situation.....:) Please, anyone have any advice or know what i can do. I didn't want to fight or get stuck in any legal matter but this is the hand she is tipping.

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