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dunbark

Junior Member
What is the name of your state (only U.S. law)? Texas
Hello, I have lived at an address for a year and half with my sister who was renting. Following my sisters death, I was tasked to get everything out of the home so repairs could be done. The landlord gave me til end of June to get everything done. I got all the stuff out including my property to ready the property for renovation ahead of schedule. All I needed to do was not yet done in that I needed to catch two family pets to transter to a new residence. This residence would be an hour an half away with my other sister. While I was away getting the new residence ready for this transfer, the people the landlord knew who were going to do the renovation for their daughter to be the new renter came in and started the repairs. I came back to get the cats the next day with my sister. We got one pet and told the girl renovating that we would be back the next day to get the other which was not present yet. I came back the next morning and let the girl know I was there and would be there all day while I looked for the other pet. Within an hour the police showed up and went to the door and talked to the girl. I was sitting in my vehicle in front of the house. I had just drove around the block looking for the pet cat. I was looking for a picture of the cat I could give here to show her what the pet looked like so she could keep an eye out for it which she said she would. The police talked to her and then came to ask me for my ID. He took and ran the ID as well as vehicle information, and then told me the fgirl was complaining about my presence and was going to issue me a Criminal Trespass Warning. At any time in the future I would not be allowed back onto the property for any reason, otherwise I would be arrested and taken to jail. I called the landlord and left a voicemail. She did not reply to me. I told my sister that I am moving in with and she called the landlord. The land lord said she called the girls mother and they were saying that they were feeling bad about it and that the girl had made a rash decision. But we learned that the girl called her mother who told her to call the police. Anyway, now I have a warning of Criminal Trespass on record and cannot retrieve the family pet. The landlord made no communication that the renter would be moving in that month. All I was told was that repairs were needing to be done on the house. The girl previously said it was ok. I told this to the police but the police said that didn't matter. They also told me to "go back to wherever it was I moved and stay there. Don't come back to Waco. Don't come back unless I have business in Waco". And then the police told me to leave now. I was afraid that if I pressed the issue any further with the police, then I would have been arrested on the spot, so I complied to leave. My question is can I launch a lawsuit of any kind against this girl for not being allowed the time to get the family pet. It was never communicated by anyone to leave until the cop told me to do this. I don't understand how this could happen when they all said it would be ok, and then get cruelly blindsided like this. Thank You for reading. I look forward to whatever the advice is.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Texas
Hello, I have lived at an address for a year and half with my sister who was renting. Following my sisters death, I was tasked to get everything out of the home so repairs could be done. The landlord gave me til end of June to get everything done. I got all the stuff out including my property to ready the property for renovation ahead of schedule. All I needed to do was not yet done in that I needed to catch two family pets to transter to a new residence. This residence would be an hour an half away with my other sister. While I was away getting the new residence ready for this transfer, the people the landlord knew who were going to do the renovation for their daughter to be the new renter came in and started the repairs. I came back to get the cats the next day with my sister. We got one pet and told the girl renovating that we would be back the next day to get the other which was not present yet. I came back the next morning and let the girl know I was there and would be there all day while I looked for the other pet. Within an hour the police showed up and went to the door and talked to the girl. I was sitting in my vehicle in front of the house. I had just drove around the block looking for the pet cat. I was looking for a picture of the cat I could give here to show her what the pet looked like so she could keep an eye out for it which she said she would. The police talked to her and then came to ask me for my ID. He took and ran the ID as well as vehicle information, and then told me the fgirl was complaining about my presence and was going to issue me a Criminal Trespass Warning. At any time in the future I would not be allowed back onto the property for any reason, otherwise I would be arrested and taken to jail. I called the landlord and left a voicemail. She did not reply to me. I told my sister that I am moving in with and she called the landlord. The land lord said she called the girls mother and they were saying that they were feeling bad about it and that the girl had made a rash decision. But we learned that the girl called her mother who told her to call the police. Anyway, now I have a warning of Criminal Trespass on record and cannot retrieve the family pet. The landlord made no communication that the renter would be moving in that month. All I was told was that repairs were needing to be done on the house. The girl previously said it was ok. I told this to the police but the police said that didn't matter. They also told me to "go back to wherever it was I moved and stay there. Don't come back to Waco. Don't come back unless I have business in Waco". And then the police told me to leave now. I was afraid that if I pressed the issue any further with the police, then I would have been arrested on the spot, so I complied to leave. My question is can I launch a lawsuit of any kind against this girl for not being allowed the time to get the family pet. It was never communicated by anyone to leave until the cop told me to do this. I don't understand how this could happen when they all said it would be ok, and then get cruelly blindsided like this. Thank You for reading. I look forward to whatever the advice is.
If you were given a "warning" that you would be charged with criminal trespass if you returned to the house, you have not been charged with a crime, and you won't be unless you return to the house. With no arrest and no charge, you do not have a criminal record to worry about. You just have to follow the advice of the police officer and do not go back to the house looking for your cat.

I do not know what happened at the rental house that concerned the girl enough to call the police but apparently there was something that you said or did that spooked her enough to make the call. Here is a link to the criminal trespassing law in Texas (Texas Penal Code §30.05): http://codes.findlaw.com/tx/penal-code/penal-sect-30-05.html

If you still have not found your second cat, I suggest you contact the Humane Society of Central Texas (http://humanesocietycentraltexas.org/ and let them know that your cat is missing. Provide them with a photo of your cat (if you have a photo) or provide them with a good description of your cat, and provide them with your contact information so they can call you if your cat is located. Keep checking back with the Humane Society to see if anyone has found your cat. You should also provide a photo of your cat (or good description) and your contact information to your former landlord and he can pass the information on to the girl. If they find the cat, they can give you a call.

I do not see that you have any legal action to take against the girl, based on what you have said in your post.

I hope you find your cat. Good luck.
 

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