Maybe. I don't know.
"In Texas, if you invite someone to stay overnight at your home and they refuse to leave the next day, the process of removing them isn't as straightforward as "throwing them out." Here's how the situation might unfold based on Texas law:
Initial Invitation: When you invite someone as a guest, you're implicitly giving them permission to be on your property for a limited time.
Revoking Permission: If the guest overstays, you can verbally ask them to leave. If they agree and leave, the issue is resolved without legal intervention.
If They Refuse to Leave:
Short-Term Stay: For very short-term guests (like someone who was just supposed to stay overnight), you might be able to call the police for assistance. If the person has no legal right to stay (i.e., they've overstayed the invitation and you've clearly communicated your desire for them to leave), law enforcement might treat this as trespassing. However, police are often cautious in these scenarios, not wanting to misjudge a tenant for a guest.
Potential Tenant Status: If the person has stayed long enough or has established residency (which could be as short as a few days if they've shown intent to live there by changing their mailing address, paying rent, or contributing to household expenses), they might be considered a tenant under Texas law.
No Formal Lease: Even without a written lease, if someone has been allowed to stay for an extended period, they might gain tenant rights. In Texas, the law doesn't specify a clear time frame for when a guest becomes a tenant, but actions like paying rent or receiving mail at your address can imply tenancy.
Eviction Process: If the individual is considered a tenant, even without a formal lease, you would need to initiate the formal eviction process:
Notice to Vacate: You must give them a written notice to leave, typically three days for a tenant at will (someone without a lease or with a month-to-month agreement), though this can vary if other conditions are met.
Filing for Eviction: If they don't leave after the notice period, you'd need to file an eviction lawsuit (forcible detainer) in the appropriate Justice of the Peace court.
Court Process: This includes serving the tenant with court papers, potentially going to court, and if you win, obtaining a writ of possession, which allows law enforcement to remove the person from your property.
Immediate Action: Without clear tenant status, if someone refuses to leave, you should not attempt to forcibly remove them yourself, as this could lead to legal issues like assault charges. Instead, document your attempts to communicate that they must leave, and if necessary, proceed with legal actions.
Legal Advice: Given the nuances of Texas law, especially regarding the transition from guest to tenant, consulting with a lawyer might be advisable to ensure you're following the correct legal procedures.
In summary, while you can ask someone who overstays their welcome to leave, if they refuse, you might need to navigate through legal processes to remove them, especially if they've begun to establish tenancy. Police might assist if it's clearly a case of trespassing, but for any ambiguity, the legal route through eviction might be necessary."