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Rules on eviction
#9009595
02/22/24 07:52 PM
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Joined: Apr 2007
Posts: 9,158
10pointers
OP
THF Trophy Hunter
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OP
THF Trophy Hunter
Joined: Apr 2007
Posts: 9,158 |
Sad story here. But my next door neighbor took in a man and let him park his RV on the side of his house. Much to the dismay of the neighborhood. He was there before anyone new what was.going on. I questioned him when I saw him and he said the guy was going thru a hard patch and was only going to be there for 19 days and would pay him $5k and be gone. I laughed to myself so hard and said he made a big mistake. Well it's been 15 weeks and no payment of any kind. Yesterday my neighbor went to ER and his family finally got involved. Served eviction notice this morning. Guy basically laughed about it and said he wasn't leaving. My neighbor is 74 and anybody have advice I could relay to him. I'm trying to stay out of the situation but every single woman ( three within the near vicinity)in the neighborhood is worried. The POS is an excon also
Signature images may not be larger than 600 pixels wide by 125 pixels tall. That smile says it all [North Dakota -16degrees
"Things may come to those who wait, but only those things left by those who hustle." - Abraham Lincoln
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Re: Rules on eviction
[Re: 10pointers]
#9009607
02/22/24 08:14 PM
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Joined: Jan 2013
Posts: 2,782
Gringo Bling
Veteran Tracker
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Veteran Tracker
Joined: Jan 2013
Posts: 2,782 |
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Re: Rules on eviction
[Re: 10pointers]
#9009610
02/22/24 08:17 PM
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Joined: Mar 2010
Posts: 12,211
ntxtrapper
THF Celebrity
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THF Celebrity
Joined: Mar 2010
Posts: 12,211 |
Whoever filed the eviction should have dates and procedures from the constable’s office already. Now that the process has started, handling it the old fashioned way wouldn’t be a good idea.
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Re: Rules on eviction
[Re: ntxtrapper]
#9009618
02/22/24 08:34 PM
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Joined: Apr 2007
Posts: 9,158
10pointers
OP
THF Trophy Hunter
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OP
THF Trophy Hunter
Joined: Apr 2007
Posts: 9,158 |
Whoever filed the eviction should have dates and procedures from the constable’s office already. Now that the process has started, handling it the old fashioned way wouldn’t be a good idea. Yep that ship has sailed.
Signature images may not be larger than 600 pixels wide by 125 pixels tall. That smile says it all [North Dakota -16degrees
"Things may come to those who wait, but only those things left by those who hustle." - Abraham Lincoln
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Re: Rules on eviction
[Re: 10pointers]
#9009622
02/22/24 08:41 PM
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Joined: Apr 2007
Posts: 9,158
10pointers
OP
THF Trophy Hunter
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OP
THF Trophy Hunter
Joined: Apr 2007
Posts: 9,158 |
I was wondering can he legally cut the power and water off to his RV??
Signature images may not be larger than 600 pixels wide by 125 pixels tall. That smile says it all [North Dakota -16degrees
"Things may come to those who wait, but only those things left by those who hustle." - Abraham Lincoln
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Re: Rules on eviction
[Re: 10pointers]
#9009627
02/22/24 08:49 PM
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Joined: May 2009
Posts: 1,870
Grit
Pro Tracker
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Pro Tracker
Joined: May 2009
Posts: 1,870 |
That would have been all I needed to hear or know to make sure he never stepped foot even near my place.
Garrett
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Re: Rules on eviction
[Re: 10pointers]
#9009692
02/22/24 10:56 PM
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Joined: Aug 2009
Posts: 22,716
BigPig
THF Celebrity
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THF Celebrity
Joined: Aug 2009
Posts: 22,716 |
Civil matter, we won’t do anything. I was wondering can he legally cut the power and water off to his RV?? No. 10pointer… hire an attorney. That’s the best route.
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Re: Rules on eviction
[Re: 10pointers]
#9009694
02/22/24 10:57 PM
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Joined: Sep 2009
Posts: 4,579
Gumbeaux
Extreme Tracker
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Extreme Tracker
Joined: Sep 2009
Posts: 4,579 |
Eviction laws changed during Covid and not sure if they've gone back. Was impossible to kick anyone out.
Not sure this is an eviction though. Doesn't sound like they had any signed lease. Agree with call cops and possibly claim it as trespassing.
If it's a trailer, hook up to it in the middle of the night and take him on a ride with a loose hitch ball and see where he gets dropped off.
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Re: Rules on eviction
[Re: Gumbeaux]
#9009746
02/23/24 12:41 AM
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Joined: Jan 2012
Posts: 29,134
TXHOGSLAYER
THF Celebrity
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THF Celebrity
Joined: Jan 2012
Posts: 29,134 |
Eviction laws changed during Covid and not sure if they've gone back. Was impossible to kick anyone out.
Not sure this is an eviction though. Doesn't sound like they had any signed lease. Agree with call cops and possibly claim it as trespassing.
If it's a trailer, hook up to it in the middle of the night and take him on a ride with a loose hitch ball and see where he gets dropped off. I like your style…😂🤣😂🤣
LETS GO BRANDON
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Re: Rules on eviction
[Re: 10pointers]
#9009750
02/23/24 12:43 AM
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Joined: Jul 2008
Posts: 33,380
bigbob_ftw
Big Sprocket Bob
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Big Sprocket Bob
Joined: Jul 2008
Posts: 33,380 |
It's not going to be easy.
Ultra MAGA '24.
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Re: Rules on eviction
[Re: 10pointers]
#9009760
02/23/24 12:54 AM
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Joined: Nov 2011
Posts: 11,026
Texas buckeye
THF Celebrity
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THF Celebrity
Joined: Nov 2011
Posts: 11,026 |
ONe option is the guy can sign a lease to a willing family member for use of the property, then claim the trailer as part of the property. If the guy ever leaves to go get groceries or anything (he will eventually have to since you can control what is delivered to his place and avoid him just getting grocery delivery or whatever food delivered to his trailer) then the family member goes inside with a signed lease and takes squatters rights turning the tables on the guy. Have to make sure the house is all locked up and someone is inside at all time though so he can't break in there and steal the house.
I would suggest doing the above with some form of weaponry at hand, sounds like the guy probably wont want to fight with a gun or anything.
If it is a travel trailer, you can pay someone to haul it off the property. That is another option. I don't see any way he could fight that kind of action since he has no rights to be there anymore.
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Re: Rules on eviction
[Re: 10pointers]
#9009772
02/23/24 01:14 AM
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Joined: Mar 2010
Posts: 12,211
ntxtrapper
THF Celebrity
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THF Celebrity
Joined: Mar 2010
Posts: 12,211 |
He's been there 15 weeks, verbal lease agreement, that means he lives there. Eviction process is the only legal way to get rid of him.
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Re: Rules on eviction
[Re: 10pointers]
#9009773
02/23/24 01:15 AM
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Joined: Nov 2005
Posts: 10,638
Greg
THF Celebrity
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THF Celebrity
Joined: Nov 2005
Posts: 10,638 |
Unfortunately, my sister just had to go through evicting a friend she let stay at a second home/metal building/shop on her place. Was an ugly deal, but it’s over now. There was never any lease signed and my sister was just helping a friend out with a place to stay while the girl went through a divorce. Friend never paid rent and it lasted a couple years. She thought there was no way my sister could evict her since she had been living there and the girl had made some minor improvements to the property while she was there. She was wrong. My sister decided she was no longer happy with this girl on her property and got with a lawyer, filed the evection, and then waited. There was a court date, the other party showed, girl had no legal rights to stay there. PERIOD. The constable came to the house and served her with evection paperwork. There was a day she had to be out, and she moved everything out a few days before the constable showed back up and her property was to be put at the end of the street.
Good luck and let the constables handle it. It will all be over soon.
Last edited by Greg; 02/23/24 01:18 AM.
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Re: Rules on eviction
[Re: 10pointers]
#9009790
02/23/24 01:44 AM
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Joined: Apr 2009
Posts: 6,110
pdr55
THF Trophy Hunter
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THF Trophy Hunter
Joined: Apr 2009
Posts: 6,110 |
It would be terrible if the trailer caught fire. Just saying.
If you`re running down my country, man, You`re walking on the fighting side of me. (Merle)
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Re: Rules on eviction
[Re: 10pointers]
#9009795
02/23/24 01:47 AM
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Joined: Jul 2012
Posts: 15,711
603Country
THF Celebrity
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THF Celebrity
Joined: Jul 2012
Posts: 15,711 |
This is very interesting, and I hope the OP will tell us how it went when it’s over.
Not my monkeys, not my circus...
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Re: Rules on eviction
[Re: 10pointers]
#9009801
02/23/24 02:01 AM
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Joined: Jan 2014
Posts: 12,765
Paluxy
THF Celebrity
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THF Celebrity
Joined: Jan 2014
Posts: 12,765 |
Never would have thought renting a parking spot was the same as house/apartment. They can easily move their @$$ to a new spot.
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Re: Rules on eviction
[Re: Greg]
#9009812
02/23/24 02:10 AM
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Joined: May 2011
Posts: 28,031
skinnerback
THF Celebrity Chef
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THF Celebrity Chef
Joined: May 2011
Posts: 28,031 |
Unfortunately, my sister just had to go through evicting a friend she let stay at a second home/metal building/shop on her place. Was an ugly deal, but it’s over now. There was never any lease signed and my sister was just helping a friend out with a place to stay while the girl went through a divorce. Friend never paid rent and it lasted a couple years. She thought there was no way my sister could evict her since she had been living there and the girl had made some minor improvements to the property while she was there. She was wrong. My sister decided she was no longer happy with this girl on her property and got with a lawyer, filed the evection, and then waited. There was a court date, the other party showed, girl had no legal rights to stay there. PERIOD. The constable came to the house and served her with evection paperwork. There was a day she had to be out, and she moved everything out a few days before the constable showed back up and her property was to be put at the end of the street.
Good luck and let the constables handle it. It will all be over soon. See that's the thing about folks that have a heart and genuinely care for other people, especially family. 9 times out of 10 you are going to get done dirty and it's gonna cost you money. After all that you did for certain people some just get too comfortable and start feeling entitled. You have personal conversations and get excuses in return. Now you have to put your foot down and here comes the drama and hard feelings.......don't even get a thank you for all you did to help them, a hand shake or a hug. I'll never do it again. I can't imagine doing someone that way.
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Re: Rules on eviction
[Re: 10pointers]
#9009819
02/23/24 02:23 AM
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Joined: Sep 2004
Posts: 10,851
DannyB
THF Celebrity
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THF Celebrity
Joined: Sep 2004
Posts: 10,851 |
I was wondering can he legally cut the power and water off to his RV?? Yeah, what 10P asked................ Really, he has to go get groceries sometime. Unless he has secured it somehow why couldn't some capable guys relocate it? I bet a local prosecutor wouldn't give the POS squatter the time of day.
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Re: Rules on eviction
[Re: skinnerback]
#9009840
02/23/24 02:52 AM
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Joined: Nov 2005
Posts: 10,638
Greg
THF Celebrity
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THF Celebrity
Joined: Nov 2005
Posts: 10,638 |
Unfortunately, my sister just had to go through evicting a friend she let stay at a second home/metal building/shop on her place. Was an ugly deal, but it’s over now. There was never any lease signed and my sister was just helping a friend out with a place to stay while the girl went through a divorce. Friend never paid rent and it lasted a couple years. She thought there was no way my sister could evict her since she had been living there and the girl had made some minor improvements to the property while she was there. She was wrong. My sister decided she was no longer happy with this girl on her property and got with a lawyer, filed the evection, and then waited. There was a court date, the other party showed, girl had no legal rights to stay there. PERIOD. The constable came to the house and served her with evection paperwork. There was a day she had to be out, and she moved everything out a few days before the constable showed back up and her property was to be put at the end of the street.
Good luck and let the constables handle it. It will all be over soon. See that's the thing about folks that have a heart and genuinely care for other people, especially family. 9 times out of 10 you are going to get done dirty and it's gonna cost you money. After all that you did for certain people some just get too comfortable and start feeling entitled. You have personal conversations and get excuses in return. Now you have to put your foot down and here comes the drama and hard feelings.......don't even get a thank you for all you did to help them, a hand shake or a hug. I'll never do it again. I can't imagine doing someone that way. Nope… it gets ugly and it hurts
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Re: Rules on eviction
[Re: 10pointers]
#9009846
02/23/24 03:00 AM
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Joined: Sep 2013
Posts: 485
Uncle Zeek
Bird Dog
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Bird Dog
Joined: Sep 2013
Posts: 485 |
For what it's worth, JP courts are approving evictions for non payment of rent unless the tenant has a legal defense (i.e. being on a rent assistance program or such). Get the eviction done properly and let the constable be the one to fight him.
"Decency is not news; it is buried in the obituaries - but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate, probate & taxes 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 work zac@artimlegal.com
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Re: Rules on eviction
[Re: 10pointers]
#9009862
02/23/24 03:29 AM
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Joined: Oct 2010
Posts: 2,871
topwater13
Veteran Tracker
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Veteran Tracker
Joined: Oct 2010
Posts: 2,871 |
None of the baseline makes sense. Hard patch, 19 days, $5k??? If the patch was indeed that hard, $5k seems a little steep.
Fwiw I think the eviction laws are ridiculous.
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Re: Rules on eviction
[Re: 10pointers]
#9009874
02/23/24 03:47 AM
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Joined: Apr 2007
Posts: 9,158
10pointers
OP
THF Trophy Hunter
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OP
THF Trophy Hunter
Joined: Apr 2007
Posts: 9,158 |
Thanks for all the responses. Here are some facts.
Neighbor is 74, has never had a credit card and paid for everything he has with cash. He has been out of work since he was about 50 taking care of mother (now deceased) his autistic sister ( now deceased) and now his older brother (basically bed ridden) a poor man with a good heart. The house and property was gifted to him for his sacrifice for family.helping family.
He was conned by this guy with the lure that he was going to receive big money $5k in 19 days.
Nothing was signed
Con man told neighbor that he was getting settlement from some dog attack
Con man has no way of moving RV. He had it moved in by whom I have no idea
Con man had a junk car when he got there but has since broke down.
Every time the dead line came for him to move he had another excuse.
Now neighbor is realizing this fraud and got upset and was rushed to ER yesterday.
I found out and went to assist disabled brother who was left for about 6 hours.
Neighbor out of hospital late last night. Filed with JP this morning.
This is older part of city and yes no HOA.
I'll keep you posted on anything that happens moving forward.
Signature images may not be larger than 600 pixels wide by 125 pixels tall. That smile says it all [North Dakota -16degrees
"Things may come to those who wait, but only those things left by those who hustle." - Abraham Lincoln
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Re: Rules on eviction
[Re: 10pointers]
#9009877
02/23/24 03:59 AM
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Joined: Dec 2011
Posts: 14,281
Ramsey
Pepe' Le Pew
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Pepe' Le Pew
Joined: Dec 2011
Posts: 14,281 |
The owner needs to serve him with a 72 hour notice on his door to the RV and after that file for eviction with the county/ city. It may be a process because the judge does not have a lease which is a written contract. Go down this path and be patient.
Big Beckett!!
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Re: Rules on eviction
[Re: 10pointers]
#9009886
02/23/24 04:59 AM
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Joined: Jun 2006
Posts: 8,338
Dave Davidson
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jun 2006
Posts: 8,338 |
I have rental properties and have only been there twice in a bunch of years. Never something that I want to get involved in but it has to be done. By the time evicting is mentioned, the renter is expecting it.
Without a sense of urgency, nothing ever happens.
Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP
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Re: Rules on eviction
[Re: 10pointers]
#9009931
02/23/24 01:05 PM
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Joined: Sep 2013
Posts: 485
Uncle Zeek
Bird Dog
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Bird Dog
Joined: Sep 2013
Posts: 485 |
Here's the steps and timeline of a typical residential eviction. Without a written lease, one generally has a verbal month-to-month that can be terminated at any time. https://guides.sll.texas.gov/landlord-tenant-law/evictions
"Decency is not news; it is buried in the obituaries - but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate, probate & taxes 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 work zac@artimlegal.com
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