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    Treads04's Avatar
    Treads04 Posts: 1, Reputation: 1
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    #1

    Apr 21, 2012, 10:19 PM
    "Real Estate laws on renting to family members in Texas"
    If we rent a mobile home in Texas from a family member, and there is no lease and we have lived here for three and a half years maybe longer. We pay our rent on time, and we have two disable people in the home. The land lord who is a relative threatens to kick out one to two people that live in the home but not the other family members. The local law told me they can do that. One of the family members that was told verbally to moved in two weeks was assaulted by the family land lord prior to being asked to move. Nothing in writing at all. The police told me because they are a family member that is the land lord that we have no right and they can kick anyone out of the home because there is no lease. The land lord has been harassing and stalking the person who is asked to move out for several months. Law enforcement says that the land lord can walk to our door, and start stuff and that is not trespassing because they are a family member. What are our rights. Does local the police department have the right to not protect our rights.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Apr 22, 2012, 06:51 AM
    Quote Originally Posted by Treads04 View Post
    ... One of the family members that was told verbally to moved in two weeks was assaulted by the family land lord prior to being asked to move. ...
    Assault is a crime, family or not. If the police refuse to do anything about it, go up their chain of command until you get action.

    The cops you spoke to are not lawyers and therefore do not necessarily know what the law is. A landlord (relative or not) has only limited rights to interfere with the tenant's right to peaceable enjoyment of the premises. If he or she wants to evict you, the landlord will first have to give you a written notice, giving you a specific number of days to depart. At the expiration of that period, the LL will have to file in court. Bottom line: if the landlord wants to evict you he or she will have to comply with the law in your jurisdiction and get a court order to evict you. If your landlord is harassing you, get a court order to stop him or her from doing so. The law enforcement officers will have to abide by such a court order.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 22, 2012, 08:21 AM
    The police appear to have no knowledge of rental law.

    The landlord can not harrass you, to enter the home they must give you prior notice
    If they touch or harm you, the police have a obligation to follow up.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Apr 22, 2012, 09:48 AM
    First, the job of the police is mostly to deal with crime. Landlord/tenant disputes are civil, not criminal. So no, the local police are not required to aid you in a civil dispute. That is a matter for the courts. I also would not trust them to know the law.

    The law does not differentiate between landlord/tenant rights and responsibilities based on the relationship of the landlord to the tenants. If a police officer told you that he doesn't know the law.

    However, the law is not very much on your side here. Since you do not have a lease, your tenancy can be terminated at any time with proper written notice. Proper notice for TX is one full calendar month if you pay monthly (Texas Property Code - Section 91.001. Notice For Terminating Certain Tenancies - Texas Attorney Resources - Texas Laws).

    The landlord cannot assault anyone. If there is proof of assault, that IS a criminal matter and should be prosecuted. On the other hand, with no lease, the landlord can have a say in who lives there. But, again, to remove anyone, prevailing law has to be followed. But, if the laws are followed, then they have to move.

    Clearly the landlord is making things uncomfortable, so I would look for alternative lodgings.

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