How do I terminate a life estate in Texas?

The life tenant may terminate the life estate while the said person is still living by forming and entering another deed to the same estate that precisely ends the deed. A deed ending a life estate has typically the remainderman named on the first life estate deed as the beneficiary of the mentioned estate.

Can I evict a life tenant?

A life tenant is, simply put, someone who has all the rights of a homeowner even though the ownership of the property they live in has been transferred to a third party (known as a remainderman). In other words, the remainderman won’t be able to evict them, even if their relationship breaks down.

A life estate may terminate, during the lifetime of the life tenant, upon the occurrence of any act providing for the termination in the instrument creating the life estate. A life estate may terminate by the merger of the estate of the life tenant and the estate of the reversioner or remainderman.

What are the rights of a life tenant in Texas?

Due to the nature of a life estate, a life tenant has certain rights and duties unique to this form of ownership. A life tenant in Texas has the following rights:

When to evict a tenant from a life estate?

Damaging a building in itself is not cause. Failure to repair it or especially a failure to repair a situation that causes more damage would be cause for terminating the life estate tenancy. Only after you had the life estate terminated could you evict the tenant.

What happens to a life estate in Texas?

Upon the tenant’s death, the property goes back to the grantor or someone else the grantor designates. In Texas, laws provide clarity around abandoned life estates. A person’s understanding of the term “abandonment” may be different from the legal term and can lead to confusion.

Can a life tenant decrease the value of a property?

Permissive waste – A life tenant may not neglect a property in such a way as to cause a decrease in value. Ameliorative waste – A life tenant may not change the character or use of the estate, even if such a change would increase the value of the property.

Damaging a building in itself is not cause. Failure to repair it or especially a failure to repair a situation that causes more damage would be cause for terminating the life estate tenancy. Only after you had the life estate terminated could you evict the tenant.

What do you need to know about eviction in Texas?

Notice to Quit or Vacate Before a landlord can start formal eviction proceedings, they must notify the tenant about the need to fix a certain problem or move out. This “notice to vacate” is required by Texas law before a tenant can be forced to leave.

Due to the nature of a life estate, a life tenant has certain rights and duties unique to this form of ownership. A life tenant in Texas has the following rights:

Can a landlord evict a tenant without a lease in Texas?

In the state of Texas, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.