 Any lawyers here?, trying to clear up some drama at home |
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 May 21, 2014 - 12:00 AM
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 Enthusiast  Joined Nov 7, '06 From Houston, Tx Currently Offline Reputation: 17 (100%)  |
So my ex-gf is causing some trouble and I need to seek some legal advice to make sure my butt is covered in the event that she pulls something stupid.
In the mean time, a quick question: she bailed on our lease today with no notice and with 2 months left to go and her name is on it. What can I do about her remaining material possessions in the house? Can I toss it outside and just have her pick it up from the curb? -------------------- -Alex {](O_o)[}
1993.5 Toyota Supra ....with stuff.... ....sorta broken.... 1998 Toyota Celica ....this one, too, has stuff.... ....broken....yeah...definitely broken.... |
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May 21, 2014 - 12:15 AM
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 Moderator Joined Jun 29, '08 From Denver Currently Offline Reputation: 59 (100%) |
Boo.
 I'm no attorney, obviously, but I recommend giving her written and dated notice giving her a period of time to get her personal belongings, and you should be there when she does. Tossing them outside risks causing damage to anything she owns, as well as potentially getting things stolen. Then she has grounds to hold you liable for any damaged or missing items. It would be best to organize everything in a stack in a common room, so that she doesn't have any reason to go I to any other room. It may not hurt to actually photograph and make a list of everything that is hers as well, in case you really are worried that she may pull some crazy stunt. As far as the lease is concerned, it only hurts you if her half isn't paid.  Given that it's such a short time left on your lease, your landlord may let you out early. Then again they may not. Either way, it sounds like she is probably going to stuff you on her half of the rent so you may need to find a roommate.
-------------------- "Employ your time in improving yourself by other men's writings, so that you shall gain easily what others labored hard for." -Socrates. Even Socrates told us to use the search button!
 2006 Aston Martin V8 Vantage. 1998 Celica GT- BEAMS Swapped. 2022 4Runner TRD Off Road Prenium. 2021 GMC Sierra AT4. |
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May 21, 2014 - 12:30 AM
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Enthusiast Joined Nov 7, '06 From Houston, Tx Currently Offline Reputation: 17 (100%) |
She packed most of her stuff today while I was at work and I noticed some of my own things were gone. She still has a key to the house, so I changed the lock in the mean time to ensure that she does not come through the house again without my being here. Once I have received the keys from her, I will put the old one back on.
I have moved some of her stuff into the garage so I can go ahead and clean up all that is left of the house. -------------------- -Alex {](O_o)[}
1993.5 Toyota Supra ....with stuff.... ....sorta broken.... 1998 Toyota Celica ....this one, too, has stuff.... ....broken....yeah...definitely broken.... |
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May 21, 2014 - 2:24 AM
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 Enthusiast Joined Feb 23, '12 From Warrior, AL Currently Offline Reputation: 0 (0%) |
Sorry to hear that. I guess it goes without saying, but be as nice about it as possible even though you really don't feel like it. If you don't let her get to you things should be ok, once she's finally out just break off all contact and hide. See this is why we should only invest ourselves into things that have no choice but to be with us, like cars.
-------------------- 2001 Miata LS 5-speed
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May 21, 2014 - 8:48 AM
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Enthusiast Joined May 29, '09 From Gainesville, FL Currently Offline Reputation: 17 (100%) |
Go to your land lord, and remove her from the lease ASAP.
Leaving her on it, leaves you liable for her property and her housing. If she is off such documentation, you have the ball, and the court. |
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May 21, 2014 - 3:18 PM
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Enthusiast Joined Mar 1, '10 From TX Currently Offline Reputation: 16 (90%) |
QUOTE (rave2n @ May 21, 2014 - 9:48 AM)  Go to your land lord, and remove her from the lease ASAP. Leaving her on it, leaves you liable for her property and her housing. If she is off such documentation, you have the ball, and the court. do this -------------------- JN 3:16
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May 21, 2014 - 4:02 PM
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 Enthusiast Joined Oct 29, '11 From Haltom City, Texas Currently Offline Reputation: 1 (100%) |
I agree, speak with your landlord asap.
Either you or your landlord should be able to give her a notice to vacate the property. It should be on paper, simply stating she is in violation of her contractual obligation to the lease, and that she has 3 days notice to get everything out. Make sure its dated and both she and you have a copy. If she still has anything there 3 days after recieving the notice, you(or the landlord) will be in a position to take her to court(I think its the county small claims court) to obtain an order of eviction and forced payment of any outstanding debts. I think she has 10 days after the order to remove her things and vacate the property before you will be authorized to move all of her remaining possessions to the curb(you should call the constable to help oversee this action). If you do not give her official notice, she will still be considered a resident of your address in the state of Texas, even if she isnt on the lease. Once you allow someone to stay in your home and they have property there, they have legal rights to the property. Talk with your landlord, they will be able to advise you on the appropriate steps since they do this for a living. |
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May 21, 2014 - 4:15 PM
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Enthusiast Joined Oct 29, '11 From Haltom City, Texas Currently Offline Reputation: 1 (100%) |
http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm
Read section 24.005 (a) and (f), as well as section 24.0051 Google "notice to vacate in Texas" as well as "writ of possession Texas" for some more information |
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