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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37074
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a tenant that has broken every provision of his

Customer Question

I have a tenant that has broken every provision of his lease. The lease ended 8/30/16 . I told him on the 20th of December to be out by the 31st of Dec or I would clear out his room and have the locks changed which I did. He called the police and I had to let the drunker back in my home for him to further tear up and disturb the other tenants. I went and filed eviction notice on him and court date for the 24th of Jan. Will there be a problem on my part for changing the locks and removing his items that were in the room?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: Yes after the changing of locks and policeman coming to my home to tell me I had to let him in
JA: Anything else you want the lawyer to know before I connect you?
Customer: He has caused property damage to my home, disturb the other tenants with his dirty living habits broken all the terms of the lease and had not paid rent
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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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Will there be a problem on my part for changing the locks and removing his items that were in the room?

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Only if he sues you for the illegal eviction. That is a separate matter from your current eviction action and it would be up to the tenant whether he wants to pursue some type of civil suit against you and seek damages.

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As long as you gave him proper notice to terminate his tenancy, then all you need to do is appear and provide proof that you gave him proper notice and that he has violated the terms of the lease and you should get a judgment in your favor.

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thanks

Barrister

Customer: replied 6 months ago.
I own this home in Houston that I rent to 4 other fantastic men. I live in Orange TX. And I have moved into the home in Houston until he is evicted. Is that not my right to stay and protect my property?
Expert:  Barrister replied 6 months ago.

As long as you are just renting him a room and not the entire house, then there is nothing that would prevent you from staying there if there is room..

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thanks.

Barrister

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