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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33778
Experience:  Attorney for over 15 years, landlord 26 years
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I am an unpaid caregiver/friend of a gentlemen who receives

Customer Question

I am an unpaid caregiver/friend of a gentlemen who receives SSI/SSD due to brain injury. I assisted with finding a room to rent. He signed a short lease. Rent is $450 per month including utilities. I discussed his abilities and limitations before move in. The first week, he fell and broke his knee. He received medical treatment and I managed the extra help he needed. There were never any major issues with the home, just minor issues, i.e, not putting toilet seat down, over filled trash can. Last week, the landlord decided he had enough. He yelled at him, demanded he leave, threatened him saying he better leave because doesn't want to deal with him if he doesn't. He sent him outside, calling him a "f#$#king retard", without his wheelchair. He called and demanded I come pick him up. I called the police and met them at the home. The police notified landlord he was not legally able to evict my friend, the tenant. However, my friend has cognitive and psychological issues and the event triggered a "nervous breakdown". He asked me to take him to the hospital and they admitted him to a psychiatric facility. The police met me the next day to retrieve some of his clothing he needed. Hi furniture remains there. The landlord messaged me and notified me that he had changed the locks. As of now, my friend, the tenant, is still hospitalized, reporting anxiety attacks regarding his lack of housing. His rent was paid for August. His rent is not due until tomorrow and he has not been served eviction paperwork. What would be my best course of action?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 3 months ago.

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.

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What the landlord has done is engage in an illegal eviction and friend could sue him for damages if he chose to do so.

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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.

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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.

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If you have other questions, just post them and I am happy to address them..

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thanks

Barrister

Customer: replied 3 months ago.
Thank you,
Do you of any resources or attorneys my friend could use to sue? His income is 750 a month. I will also be speaking to the hospital as my friend is scared to return to the home. Also, due to hospitalization, how could the landlord even serve evictions papers?
Expert:  barristerinky replied 3 months ago.

Do you of any resources or attorneys my friend could use to sue?

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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.

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Also, due to hospitalization, how could the landlord even serve evictions papers?

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He would have to have the local sheriff serve it on your friend while he is in the hospital..

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thanks

Barrister