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  1. #16
    ecmst12 is offline Senior Member
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    Married people are not legally allowed to throw a cheating spouse out on the street either. That gets more complicated if the married people own the house together - then neither one is a tenant, and neither one can be forced out. That's why people need lawyers for a divorce, so the common property can be fairly divided. But if the married people are renters, the same provisions apply. No one can be legally evicted, locked out, have their belongings removed, without a court order so stating. There are legal steps that one must take to get that court order. And you are a moron.
  2. #17
    Mrs. D is offline Member
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    Jul 2008
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    How is this situation any different than roommates who no longer get along? We frequently advise people whose roommates are making their lives a living hell that they can't just lock them out. We also note that if the roommate is a subleaser then they have a LL/Tenant relationship and proper notice to vacate and/or legal eviction procedures must be followed. It matters not that these two were "lovers" rather than just friends.

    If you're suspicions that she'll damage your stuff are correct, you can get her out pretty darn quickly by filing a police report. If you really press the issue she'll likely even have a new, free place to spend the night.

    I think OP's "thinking out loud" about whether the risk of his stuff getting trashed or the risk of her suing are greater is the proper thought process on this one.

    We recently had a post about someone whose roommate had locked her out, and I think the consensus there was that the locked-out roommate first had to try going through the LL to gain access, and then could sue for any rent she paid during times she couldn't access the apartment (and I would leap, any of the locked-out roommate's stuff she couldn't recover from the premises). That sounds more likely than the police breaking down the door to let her back in.
  3. #18
    JETX is offline Senior Member
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    Since there are still some 'oldandtired' IDIOTS out there.....

    Here are the LEGALLY ACCURATE facts (based on the OP).
    1) The OP's girlfriend is a LEGAL tenant in the property.
    2) In order to terminate the girlfriends 'Right of Tenancy', the OP must comply with the Texas state laws.
    3) If the OP fails to follow the Texas Statute (see below) he WILL be liable.

    Texas Property Code:
    Sec. 92.0081. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL TENANT.
    (a) A landlord may not remove a door, window, or attic hatchway cover or a lock, latch, hinge, hinge pin, doorknob, or other mechanism connected to a door, window, or attic hatchway cover from premises leased to a tenant or remove furniture, fixtures, or appliances furnished by the landlord from premises leased to a tenant unless the landlord removes the item for a bona fide repair or replacement. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed.

    (b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from:
    (1) bona fide repairs, construction, or an emergency;
    (2) removing the contents of premises abandoned by a tenant; or
    (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent.

    (c) If a landlord or a landlord's agent changes the door lock of a tenant who is delinquent in paying rent, the landlord or the landlord's agent must place a written notice on the tenant's front door stating:
    (1) an on-site location where the tenant may go 24 hours a day to obtain the new key or a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number;
    (2) the fact that the landlord must provide the new key to the tenant at any hour, regardless of whether or not the tenant pays any of the delinquent rent; and
    (3) the amount of rent and other charges for which the tenant is delinquent.

    (d) A landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless:
    (1) the landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease;
    (2) the tenant is delinquent in paying all or part of the rent; and
    (3) the landlord has locally mailed not later than the fifth calendar day before the date on which the door locks are changed or hand-delivered to the tenant or posted on the inside of the main entry door of the tenant's dwelling not later than the third calendar day before the date on which the door locks are changed a written notice stating:
    (A) the earliest date that the landlord proposes to change the door locks;
    (B) the amount of rent the tenant must pay to prevent changing of the door locks;
    (C) the name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and
    (D) in underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent.

    (e) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3) on a day, or on a day immediately before a day, on which the landlord or other designated individual is not available, or on which any on-site management office is not open, for the tenant to tender the delinquent rent.
    (e-1) A landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property.

    (f) A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent.

    (g) If a landlord arrives at the dwelling in a timely manner in response to a tenant's telephone call to the number contained in the notice as described by Subsection (c)(1) and the tenant is not present to receive the key to the changed lock, the landlord shall leave a notice on the front door of the dwelling stating the time the landlord arrived with the key and the street address to which the tenant may go to obtain the key during the landlord's normal office hours.

    (h) If a landlord violates this section, the tenant may:
    (1) either recover possession of the premises or terminate the lease; and
    (2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord.


    (i) If a landlord violates Subsection (f), the tenant may recover, in addition to the remedies provided by Subsection (h), an additional civil penalty of one month's rent.

    (j) A provision of a lease that purports to waive a right or to exempt a party from a liability or duty under this section is void.

    (k) A landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3):
    (1) when the tenant or any other legal occupant is in the dwelling; or
    (2) more than once during a rental payment period.

    (l) This section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24.


    If you don't believe the above..... read the information at:
    [url]http://forum.freeadvice.com/landlord-tenant-issues-42/ex-girlfriend-will-not-leave-my-house-428581.html[/url]
    [url]http://www.expertlaw.com/forums/showthread.php?t=18399[/url]

    Specifically... read the information at the BOTTOM of page one on the following from a Texas JP (eviction court):
    [url]http://www.epcounty.com/jp/jp2/evictioninfo.pdf[/url]

    Now that the OP has the FACTS.... if he decides to do what he wants in violation, he accepts the consequences of his actions. We can't do more than that.
    Last edited by JETX; 12-13-2008 at 06:34 PM.
  4. #19
    Alaska landlord is offline Senior Member
    Join Date
    Feb 2007
    Posts
    4,095
    Yes, OP can allow her to live there at the risk that his property and business will be destroyed or he can shove her out the door. It is interesting that he is being so nice about it. I bet if the shoe was on the other foot he would get NO notice and would arrive home to all his stuff thrown out into the street.

    I would welcome a fight in court and watch her defend why her cheating ways should not warrant an immediate dispossession Yes, have her expose her cheating ways to everyone. It would be interesting to hear about how many coughed out the word “busted”!

    OP on the other hand can claim emotional distress,temporary insanity, and possibly even battered husband syndrome.
    .

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