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    wrongway65's Avatar
    wrongway65 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 28, 2013, 04:05 AM
    Roommate problems
    I am a female homeowner and I have a male roommate. We have our own rooms, we do not sleep together. The roommate rents my spare bedroom for $400 a month. He is $603 behind on his rent. We have had two severe fights in the last four months. He has threatened me, kicked me in the stomach, thrown food at me and damaged property of mine. He has popped the lock on my bedroom door and gone through and taken items that belong to me. I called the police to have him removed from the property but, he is on probation and wears a leg monitor. The police officers told me first of all, he can't leave because of the leg monitor and second of all, because he lives in my home, all property is community property.
    Legally he can damage, rummage through or even break in to my personal property and my home. The officers told me that it would be best advised if I left and went to stay somewhere else for the evening or a few days so that there won't be anymore altercations and they won't be called back every hour for more disturbances. Now, once again I am the homeowner and I was the one who called the police officers and I AM THE ONE THAT WAS ASKED TO LEAVE.
    Why is it that the non paying, stomach kicking, life threatening, property damaging thief renter gets to have free range of MY home and I have to leave?
    Needless to say as soon as I left, he broke into my room again and began to help himself to my personal belongings. WHAT THE HELL IS WRONG WITH THIS PICTURE? I don't know if this is just Texas law or the same anywhere. Please help!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 28, 2013, 04:30 AM
    First, Don't rely on the police to properly cite the law. While it may be true that it would be difficult to force him out immediately due to the leg monitor, It is not true that there is community property here.

    I would first talk to someone higher than the officers who responded to your call. Either a police captain or someone in the Attorney General's office. Second, I would have him served with a pay or quit notice. To vacate in three days. If he doesn't you file in court for an eviction order (forcible detainer).

    If you want to file a restraining order, get an attorney to do so, since the leg monitor complicates things.

    You might also find out the terms of the leg monitor. If he breaks the law (and stealing is breaking the law) he could be put in jail.

    Sounds to me like the police officers who responded were taking the easy way out, but I doubt if what they told you represents actual law.

    P.S. its not a good idea to piggyback your question on another thread, so to avoid confusion I moved your post to its own thread.

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