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Gloria Garcia · Oct 26, 2012, 05:50 PM

Hello, I am a Landlord who received judgment in my favor and Full Restitution of my premises in an eviction suit against my tenant. 3 days prior to going to court, my husband & I went over to the rental at 10 pm & found the rental home totally unlocked & all the lights & a/c running. We waited for an hr & no one came back so we shut off the a/c, lights & locked the home up. I went over to the rental at 7 am to see if her car was there & to see if she had returned the night before. Her car was not there & the gates were both closed. I knocked on front door again & windows but got no answer so I went inside to see if she had returned for her dresser & table but they were still there so it was obvious that she hadn’t been there since we left the night before & since she hadn’t left any clothes behind or even a shower rod or curtain, it was obvious that she wasn’t living there anymore. It was also obvious that she had no regard for the property or the utilities (which I pay) & at this point I considered the property abandoned. I started wondering since when she had actually moved her things out & left the a/c on? I felt the house was not secure & wondered how many other people had a key to the rental? So I waited till a little after 8 am & I called the locksmith. When we went to court I started to mention to the JP that I had changed the locks but she told me that it was irrelevant. The tenant also asked the judge if she could get the new key from me & the judge told her that was a legal question & she could not answer that. After court she asked me for the key & I told her I would personally go open the house for her so she could get her 2 remaining items out. At first she agreed but now she says she has 5 days to vacate she doesn't have to go through me to get her 2 items out & is demanding the key or says she will change the locks herself & sue me to take away my house. I wanted some advice on what I should do at this point? Any advice would be greatly appreciated. Thank You in advance for your time.

ScottGem · Oct 26, 2012, 06:23 PM

If the judge issued an eviction order I would take the chance and not give her the key. Send her a letter by messenger that you are willing to arrange any time for her to get her things, but that you consider the property abandoned. Staple a copy of the eviction order to the door so that any locksmith will know about the eviction.

If she tries suing you I think you will have sufficient evidence to show abandonment (make sure you have pictures) and you can cite finding the house open and the utilities running as reasons you don't want to give her free access for the remaining time.

ballengerb1 · Oct 26, 2012, 06:36 PM

" JP that i had changed the locks but she told me that it was irrelevant." I am surprised by this unless I have read this wrong. Are you saying you changed the locks 3 days before going to court? So you changed the locks because you felt she was gone based on 2 inspections 10 hours apart, is that what you are saying?

AK lawyer · Oct 26, 2012, 08:02 PM

The tenant also asked the judge if she could get the new key from me & the judge told her that was a legal question & she could not answer that.

It appears the JP specifically refused to rule that the tenant had abandoned the premises. Under those circumstances, it is highly unlikely that she could make a convincing case that she had not abandoned the premises, or that she suffered any significant damages.

says she will change the locks herself & sue me to take away my house.

If she tries to do that have the police arrest her for trespassing.

It is highly unlikely, even if she could prove lack of abandonment, that she could prove damages enough to take away your house.

Fr_Chuck · Oct 26, 2012, 08:50 PM

There is no clear cut rule,

1. you really broke the law, you were not to change locks on the renter, till the eviction was final.

2. You were lucky, often the judge may have ruled against you in eviction because of the changing of the locks. If the renter had made a big deal of this, it would have became a very very big deal.

3. Legally, yes the renter is to have access till the last day of the eviction process, so yes they should have a key at this point

4. would I personally give them a key, no, but arrange for them to pick up their two items.

** Your issue will be if they don't get them, and they are gone, they come back a few days latter sues for their value due to illegal eviction, you changed the locks prior to the legal eviction date.

ScottGem · Oct 27, 2012, 04:51 AM

Originally Posted by AK lawyer

The tenant also asked the judge if she could get the new key from me & the judge told her that was a legal question & she could not answer that.

It appears the JP specifically refused to rule that the tenant had abandoned the premises. Under those circumstances, it is highly unlikely that she could make a convincing case that she had not abandoned the premises, or that she suffered any significant damages.

Did you mean that the "tenant had NOT abandoned the premises".

Because the way I see it, the landlord DOES have enough evidence to indicate abandonment. Enough to forestall any case for illegal eviction.

AK lawyer · Oct 27, 2012, 06:32 AM

Originally Posted by ScottGem

Did you mean that the "tenant had NOT abandoned the premises".

Either way. The way I put it, the court didn't rule in OP's favor on this point, leaving it up in the air. Your way, the JP didn't rule in the tenant's favor. I suppose it's a "6 of one/ 1/2 dozen of the other" situation.

And I don't understand why Texas JPs are apparently not allowed to answer legal questions. Seems odd. I would call it a request for an "advisory opinion", which courts everywhere should normally refrain from giving. I suspect that's what the JP meant.

If the OP has sued for eviction, and the tenant failed to counterclaim for illegal ouster, I would argue that the tenant has waived that claim and it's now too late to sue for that.

ScottGem · Oct 27, 2012, 07:24 AM

Originally Posted by AK lawyer

And I don't understand why Texas JPs are apparently not allowed to answer legal questions. Seems odd. I would call it a request for an "advisory opinion", which courts everywhere should normally refrain from giving. I suspect that's what the JP meant.

I wondered about that as well. Could be JPs have a very narrowly defined set of responsibilities.

Originally Posted by AK lawyer

If the OP has sued for eviction, and the tenant failed to counterclaim for illegal ouster, I would argue that the tenant has waived that claim and it's now too late to sue for that.

As I read it the eviction was granted and scheduled. So I can't see the tenant convincing a court that they need the keys to get TWO items.

Gloria Garcia · Oct 27, 2012, 03:31 PM

Hello everyone,
I did not mention to the judge anything about why I changed the locks. I only started to mention that I had changed the locks when she asked if I was claiming full restitution of the premises & she interrupted me & told me it was irrelevant & that she just need to know if I was claiming full restitution or not.

The tenant is still refusing to let me open the house for her & is still insisting that I give her a key. I am unsure why she is being so insistive for just 2 items. She claims that she is going to have to make 2 trips & doesn't want to be explaining everything to me.

AK Lawyer are you a practicing attorney?

ScottGem · Oct 27, 2012, 04:13 PM

Here's the thing here. This falls into a gray area. While, legally you are not allowed to change the locks, I believe you had justification to do so. I believe when you explain what you told us (assuming you can prove it) that a court will side with you, if it comes to court.

I also believe she wants the keys, because she wants a bit back of her own. I think that if given the keys, she will cause damage to your property. Maybe steal fixtures, or gut the property. I think you can present that fear to a judge in (what I feel is an unlikely) case she does take you to court.

If she refuses to make arrangements and you can document your attempts, then when the eviction order comes due, just put her things out, put them in a storage locker in her name.

AK lawyer · Oct 27, 2012, 04:31 PM

AK Lawyer are you a practicing attorney?

Not a lot of practice at the present time, but yes.

Gloria Garcia · Oct 27, 2012, 06:37 PM

I am having trouble posting on this website.

So even though she substantially removed all her items (except for 2), I can have her arrested for trespassing if she gets a key from a locksmith by claiming she lost her key? Even though she has 5 days to "vacate" (till Tues 10/30/12)?

Gloria Garcia · Oct 27, 2012, 06:49 PM

I never mentioned to the JP about the condition I found the house in when I went at 10 pm or that tenant had removed everything except 2 items because the JP interrupted me as soon as I started mentioning that I had changed the locks.

Originally Posted by ScottGem

Did you mean that the "tenant had NOT abandoned the premises".

Because the way I see it, the landlord DOES have enough evidence to indicate abandonment. Enough to forestall any case for illegal eviction.

ScottGem · Oct 27, 2012, 07:07 PM

It doesn't matter what you told the JP or the JP heard. If, and it's a big if, she takes you to court you can present the evidene as we have outlined it to win the suit.

Gloria Garcia · Oct 27, 2012, 07:22 PM

OK, IF she sues, I guess I will have to get me an attorney as well. It seems attorneys have the last word in court. I have been praying and will continue praying that this nightmare will be over soon.

ScottGem · Oct 27, 2012, 07:23 PM

IF she sues it will probably be in small claims court. Probably won't need a lawyer.

Gloria Garcia · Oct 27, 2012, 07:41 PM

OK, thank you for all the info. You have been very helpful. I will be going over tomorrow again to see if she got a key to the place.

Originally Posted by ScottGem

IF she sues it will probably be in small claims court. Probably won't need a lawyer.

ScottGem · Oct 28, 2012, 06:19 AM

Originally Posted by Gloria Garcia

ok, thank you for all the info. You have been very helpful. I will be going over tomorrow again to see if she got a key to the place.

You should post a copy of the eviction order on the door. You might also contact locksmiths within a 10 mile radius.

Keep us posted.

AK lawyer · Oct 28, 2012, 06:22 AM

Also give a copy of it (the order, not the key) to the police and ask them to keep an eye on the place.

... I can have her arrested for trespassing if she gets a key from a locksmith by claiming she lost her key? Even though she has 5 days to "vacate" (till Tues 10/30/12)?

Your position would be that she was given that amount of time in which to vacate and she has vacated (actually even before the date of the order), thus surrendering the premises. So if she were to come back without permission that would constitute trespassing. And if she were to get a key somehow and use it to enter, that would constitute breaking and entry.

ScottGem · Oct 28, 2012, 07:02 AM

What does your order actually say. Does it say you can take possession on 10/30 or that she has to vacate by then? The wording could matter. As AK said, she seems to have, in effect, surrendered the premises.