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ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17056
Experience:  Licensed Texas General Practice Attorney
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I am renting two rooms in my house to two tenants with lease

Customer Question

I am renting two rooms in my house to two tenants with lease agreement signed. Now, my daughter has a family issue that their kids was taken from their custody and now under foster care. Since, I am the nearest relative for the placement of the children , I am now under home study by the Human Services. One of the process of the study is that to investigate who are the people living in my house and criminal background. I discussed this matter with my housemates. They dont want to agree to be investigated. Their reasoning are, when they rented the rooms, they fully know no children around. That's not the case because in the first place, I have one child around the house. The only discussion we had during that time was: The lady renter asked me " who are the people staying in the house?". I said, me and my son. "What are the genders of the renters?". I said, i prefer women. "Are you going to accept men?". I said, it depends. After this lady renter signed the contract, there was a man who inquired the room and potential to be a housemate. I accepted him. The lady rental was so upset because she's thinking no man in the house. I told her, I did not say that. But eventually, they got along. Now, the problem arises now that my daughter needs my help. Is there any breach of contract in this situation by planning to let grandchildren stay in my house? Can they refused to have a home study from Human Services? I would appreciate much if my questions will be answered. Thank you.
Submitted: 2 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 2 years ago.
Thank you for using JustAnswer. No, it almost certainly would not be a breach of contract. It would only be a breach of contract if you said that no children were living there or would ever live there during the term of the lease. In short, if they agreed to lease in exchange for a promise that no children would live there, then it would be contractual. Otherwise, it would not, and therefore wouldn't be a breach of the contract if your grandchildren came to stay there. Likewise, there's no breach by having a home study. Your tenants might feel that this is a "constructive eviction" and vacate, claiming that there was a change in circumstances, etc... but such a case would be tenuous at best, ***** ***** don't think that they would have any case against you. There's no general right to be free from investigation, although the presence of the tenants and their backgrounds might make approval by CPS less likely (depending upon what they actually dig up on the tenants). Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!