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by aggie06
Sun Feb 26, 2012 2:18 am
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29258

Re: Can A Landlord Do This?

It's darn-near impossible to evict someone in Texas, so I don't know that you would ever actually get evicted. There are notice requirements, then you have to have a hearing. And if something changes, the notices have to start over. There is a certain way the notices must be posted, etc. Someone else mentioned losing your security deposit, but I wouldn't worry about that. There are only certain things that can be deducted from your security deposit (damages to the property, unpaid rent), and the landlord has the burden of proof for cost and necessity. If they don't provide you any sort of refund or accounting within 30 days of you moving out, the law automatically assumes they acted in bad faith and they can't withhold anything. The law also says that the landlord has to pay back 3X whatever was wrongfully taken, plus $100, if you win in court. I had a landlord in college that was forced to pay back a pretty large amount because she couldn't prove she needed to make repairs that I was charged for.

That said, I thought there was a case at one of the off-campus private dorms in College Station a few years back where some kid had a gun in his room. Management made a big stink and either tried to confiscate it or evict or something. The argument came down to whether he was actually leasing the room and had a greater right to control the property. If I remember correctly, the argument hinged on the fact that he had only paid for a bed and therefore did not have the same rights as one leasing an apartment. The apartment dweller would have a greater right to use of the property than the landlord. Maybe someone can find that case with their google skills?

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