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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53953
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My neighbor house is used as a rental property. I've had to

Customer Question

My neighbor house is used as a rental property. I've had to deal with the people they rent it to. The recent current residents there were just arrested for selling drugs. What action can I take against the owners and or rental company they use? I don't feel safe in my own house now
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Richard replied 9 months ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Yes, you absolutely have a valid cause of action to sue the owner and the rental company. Although they may feel as if they have the right to do whatever they please with their property, including renting to criminals, those rights are limited by the impact they may have on others. You have the right to file a private nuisance cause of action because their actions deprive you of the peaceful, safe, and quiet enjoyment of your property which results in the deprivation of the habitability of your property. A private nuisance cause of action will entitle you to both damages for the past deprivation of the full enjoyment of your property and an injunction prohibiting further interference with such enjoyment. If they then violate the injunction, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.

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