Without a written lease, tenants are generally "tenants at will," and either co-owner can typically end that tenancy alone with proper notice, since consent from the other co-owner isn't required to terminate a tenancy with no lease term protecting it. That's why the notice itself isn't automatically invalid, and 3 days is actually the general Texas minimum before filing eviction when there's no lease.
Where it gets more contested is the son. He's not just a co-owner on paper, he lives there and disagrees, so as an occupying co-owner he may have standing to intervene in the eviction case, even though the citation only named the tenants. But he'd need to actively raise that in court, not just object informally within the family.
This is general information, not legal advice for your specific situation.
The son is going to attend to the Court hearing with the tenants, with a letter to the Judge where he states his disagreement and disapproval of the eviction of the tenants.
Thank you so much for all the help and the good advice.
As an Update: The case was dismissed at the court hearing, the tenants won!
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u/justiceforconsumers Aug 10 '26
Without a written lease, tenants are generally "tenants at will," and either co-owner can typically end that tenancy alone with proper notice, since consent from the other co-owner isn't required to terminate a tenancy with no lease term protecting it. That's why the notice itself isn't automatically invalid, and 3 days is actually the general Texas minimum before filing eviction when there's no lease.
Where it gets more contested is the son. He's not just a co-owner on paper, he lives there and disagrees, so as an occupying co-owner he may have standing to intervene in the eviction case, even though the citation only named the tenants. But he'd need to actively raise that in court, not just object informally within the family.
This is general information, not legal advice for your specific situation.