Did your guest overstay their welcome? Texas law says they have rights. What to know
It starts out simple—maybe you let a friend crash on the couch, or a significant other moved in during better days.
But now, the relationship’s soured, and you want them gone. The only problem? They refuse to leave.
That’s when things get complicated, and legal.
In Texas, even without a written lease, that so-called guest might be considered a tenant. And once that line is crossed, you can’t just change the locks or toss their stuff to the curb. You might have to go through the same legal process as if they were a paying renter.
Here’s what you should know if someone is overstaying their welcome in your home and what you can do to legally make them leave.
Why would the guest be considered a tenant?
Texas law recognizes both written and verbal agreements when it comes to residential leases.
That means if you allowed someone to live in your home—whether it’s a friend, partner or relative—and there was any kind of agreement for them to stay, even without rent involved, you may have created a landlord-tenant relationship.
According to Section 92.001 of the Texas Property Code, that informal agreement can qualify as a lease.
And under Section 26.01 of the Texas Business & Commerce Code, only leases lasting more than a year must be in writing. If no time period is mentioned, the guest could be classified as an “at-will tenant.”
What protections do tenants have in Texas?
Once someone is considered a tenant, they’re entitled to legal protections — even if they’re not on the lease or never paid rent.
According to the Texas Law Library, landlords cannot:
Change the locks
Throw out a tenant’s belongings, or
Force them to leave without a formal eviction.
Trying to do so can backfire. If the tenant sues for an unlawful lockout, a judge can order that they be let back in. The landlord could also be on the hook for:
One month’s rent plus $1,000
Hotel bills or other costs the tenant incurred
Damaged or stolen property, and/or
Legal fees and court costs.
These penalties are spelled out in Section 92.0081 of the Texas Property Code and are meant to prevent landlords — or in this case, hosts — from kicking someone out without due process.
Could the police get them out?
Probably not.
Homeowners sometimes call police hoping to remove a person for trespassing. But once someone claims they live on the premises, law enforcement may see it as a civil matter, not a criminal one.
Unless there’s a threat to your safety, police will likely suggest you take it to court.
So how do you legally make them leave?
If the person refuses to go voluntarily, you’ll need to follow the formal eviction process.
Step one: Deliver a written notice to vacate. For at-will tenants, you must give at least three days’ notice to leave, per Section 94.005(b) of the Texas Property Code.
If they still don’t move out, you’ll need to file an eviction lawsuit in justice court. Only a judge can authorize their removal, and only a constable or sheriff can carry it out.
This story was originally published May 20, 2025 at 3:46 PM.
