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-   -   Can a homeowner sue another homeowner for criminal activity in Texas -? (https://www.askmehelpdesk.com/showthread.php?t=579000)

  • May 29, 2011, 09:35 PM
    ReadytoSell
    Can a homeowner sue another homeowner for criminal activity in Texas -?
    I'm a homeowner. I have been having problems with a renter one house down from me. The police have been involved on several occasions. The renter's son has been arrested 3 times for burglarizing homes in our neighborhood, the horrible part is the homeowner is the renter's sister. Can I sue the homeowner to force the tenants to move?
  • May 30, 2011, 03:02 AM
    joypulv
    Texas ยง 125.0015. COMMON NUISANCE. (a) A person who maintains a place to which persons habitually go for the following purposes and who knowingly tolerates the activity and furthermore fails to make reasonable attempts to abate the activity maintains a common nuisance:
    (1) discharge of a firearm in a public place
    (2) reckless discharge of a firearm
    (3) engaging in organized criminal activity as a member of a combination
    (4) delivery, possession, manufacture, or use of a controlled substance in violation of Chapter 481, Health and Safety Code
    (5) gambling, gambling promotion, or communicating gambling information
    (6) prostitution, promotion of prostitution, or aggravated promotion of prostitution
    (7) compelling prostitution
    (8) commercial manufacture, commercial distribution, or commercial exhibition of obscene material
    (9) aggravated assault
    (10) sexual assault
    (11) aggravated sexual assault
    (12) robbery
    (13) aggravated robbery
    (14) unlawfully carrying a weapon
    (15) murder
    (16) capital murder

    I don't know what a 'combination' is in #3, but I see it used in conjunction with the word gang a lot. Note that burglary isn't on the list. You can sue as an individual or the AG can sue, but you may lose without evidence of any of these more serious crimes on the list. Your city/town may have nuisance laws that transcend these.
    You might want to get the neighborhood organized with a petition of sorts, first to present to the homeowner, second the town. Also talk to the police, who may or may not be willing to tell you if the home was searched and drugs and/or weapons found.
  • May 30, 2011, 06:27 AM
    AK lawyer
    Quote:

    Originally Posted by ReadytoSell View Post
    ... The renter's son has been arrested 3 times for burglarizing homes in our neighborhood, ...

    There is a remedy for this. It's called prison.

    Next time he is arrested ask the prosecutor to oppose bail because you and your neighbors are concerned.

    Quote:

    Originally Posted by joypulv View Post
    ''a place to which persons habitually go for the following purposes ..."

    The idea of this sort of a statute is to shut down dens of iniquity. Places where criminals congregate to meet up, organize, and plan their nefarious activities.

    The neighbor's premises are not such a place.
  • May 30, 2011, 09:28 AM
    Fr_Chuck

    But no there is little you can do, you can only sue if they have damaged or caused harm to you
  • May 30, 2011, 11:18 AM
    ReadytoSell
    Comment on joypulv's post
    Thanks for the help! I will check with my city and try the petition route. I will post updates.
  • May 30, 2011, 11:22 AM
    joypulv
    I got to agree about the nefarious activities. But it doesn't hurt to know what's written. Your best bet is your town. And if all of the people who were broken into got 300' ROs, the thief could be arrested just for being outside.
  • May 30, 2011, 02:48 PM
    ReadytoSell
    Comment on joypulv's post
    Excuse my ignorance, but what's 300 ROs? Thanks
  • May 30, 2011, 04:25 PM
    AK lawyer

    I believe "300' ROs" would be restraining orders prohibiting the people against whom they are written from being within 300 feet of certain places.

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