Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.
What the landlord has done is engage in an illegal eviction and friend could sue him for damages if he chose to do so.
He also has the legal right to return to the house and resume living there until the landlord formally terminates the tenancy and evicts him. If he is not in violation of any of the lease terms, the landlord can't terminate and evict until his lease expires. If he is month to month, then the landlord would have to give him a written 30 day notice to terminate his tenancy.
So legally, there is nothing that would prevent friend from returning to the property and if the landlord won't leg him in, the police can be called to assist in forcing the landlord to allow entry.
If you have other questions, just post them and I am happy to address them..
Do you of any resources or attorneys my friend could use to sue?
He (or you on his behalf) can contact the local Legal Aid office (which might be who you called already) as this is exactly what they are set up to help with at no cost to him. Google your city and "Legal Aid" and see if it is the same agency. Or he can contact the TX State Bar Association for a referral to a low cost or pro bono attorney locally who may take up the case on a contingency fee or at no cost to him as well.
Also, due to hospitalization, how could the landlord even serve evictions papers?
He would have to have the local sheriff serve it on your friend while he is in the hospital..