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Texas - Arrested Criminal Trespass for nonpayment of rent?

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TX_4ever

Junior Member
What is the name of your state (only U.S. law)? Texas

In Texas, can someone be arrested for criminal trespass if they fail to leave the premises of a place they are renting if they fail to make rental payment? There has been no eviction precedings in any court, but a local Police Officer Stated to me that he can arrest me for Criminal Trespass if I failed to "pack up and leave" and he stated the fact that there has not been any eviction proceedings is irrelevant to the issue, is this right? I had always heard that these type issues were considered by courts as civil in nature, and not criminal.

NOTE: There was a verbal agreement to pay rent, but no written contract.
 


Alaska landlord

Senior Member
If he wants to arrest you, he can. Eill he be wrong? Yes.
Do I agree that you should be arrested? Yes. Can you take legal action against the city or county? Yes.
 

TigerD

Senior Member
NOTE: There was a verbal agreement to pay rent, but no written contract.
No such thing as a verbal agreement. Plenty of disagreements, though.

If it wasn't in writing, it never happened. You can fight if you like, but attorneys cost money and you will be defending criminal charges. Just leave. And learn.

I applaud your community for taking a proactive approach to deadbeat tenants.

DC
 

acmb05

Senior Member
No such thing as a verbal agreement. Plenty of disagreements, though.
Sure there are.

If it wasn't in writing, it never happened. You can fight if you like, but attorneys cost money and you will be defending criminal charges. Just leave. And learn.
Actually several states allow verbal agreements if you have witnesses to the agreement.
I applaud your community for taking a proactive approach to deadbeat tenants.
agreed, but they are going about it the wrong way.

DC[/QUOTE]
 

Alaska landlord

Senior Member
No such thing as a verbal agreement. Plenty of disagreements, though.
Translation: Because people can never agree as to what was agreed to verbally, it would be best to call it a “verbal disagreement”
 
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tranquility

Senior Member
Funny thing is, I bet both Alaska landlord and debtcollector" are unwillng to accept criminal liablity when THEY are wrong.

Do either accept going to JAIL if they or someone they supervise don't do what is legally required?

They may say yes, but, from the posts they've made, I bet they would be spending some time in jail.

Pay your debts. Be responsible. Ignore those who make a profit from you doing so.
 

Alaska landlord

Senior Member
Funny thing is, I bet both Alaska landlord and debtcollector" are unwillng to accept criminal liablity when THEY are wrong.

Do either accept going to JAIL if they or someone they supervise don't do what is legally required?

They may say yes, but, from the posts they've made, I bet they would be spending some time in jail.

Pay your debts. Be responsible. Ignore those who make a profit from you doing so.
And what is it about my post that is incorrect?
 

TigerD

Senior Member
Funny thing is, I bet both Alaska landlord and debtcollector" are unwillng to accept criminal liablity when THEY are wrong.

Do either accept going to JAIL if they or someone they supervise don't do what is legally required?

They may say yes, but, from the posts they've made, I bet they would be spending some time in jail.

Pay your debts. Be responsible. Ignore those who make a profit from you doing so.
I'll take that challenge. First, my post said nothing breaking the law. Second, it said, and I will stand by it, that battling a landlord and local police department at the same time is not a smart fight -- especially when you are in the wrong for not paying your rent. It makes no difference if the cop is wrong for arresting you -- you are still in jail. If charged, you will still have to defend yourself and you may lose.

DC
 

Alaska landlord

Senior Member
Do either accept going to JAIL if they or someone they supervise don't do what is legally required?

They may say yes, but, from the posts they've made, I bet they would be spending some time in jail.
I don't have to. State law makes me responsible for those that work for me..

Pay your debts. Be responsible. Ignore those who make a profit from you doing so.
Huh? How can you be responsible and at the same time ignore those that make a profit from you doing so?
Landlords rent not out of good will, but for profit. That's what we do!

People, we do not do this out of charity. Though I do confess that in the next few years the Obamanites will be trying to change that. That's when I will sell and do something else.
 

tranquility

Senior Member
I did not claim either of your posts were in error. I only bring up the fact that violation of contract is not a criminal offense. If a tenant is in violation of criminal law if he fails in his duties, then the landlord or creditor should be too.
 

garrula lingua

Senior Member
In any other state, I would tell a tenant to stand on his/her rights to a lawful eviction.

In Texas, I say: Move, quickly.

Texas is not California or New York. 'Civil rights' are different in Tx.

In simple, non-legal terms:
1. If a man, who openly carries a gun, gives you an ultimatum: listen carefully.
2. If that person is in a police uniform, consider his/her words, carefully.
3. Some things aren't worth the fight ...
4. Some fights are worth any cost ...
What is this fight worth ?

OP, you have to pay rent, unless you're living with friends/relatives. It doesn't matter if the lease is written, or verbal. You have to pay rent.
It's likely you'd be evicted, anyway.
 

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