Legal Question in Criminal Law in Texas

My name is Harold helm. I was released on parole for drug possesion with intent from TDC in the state of texas. My mother a non felon moved from San Diego to Houston and secured a apartment in her name. She told the apartment manager verbaly I would be staying with her sometimes for 3-4 weeks at a time. The apartment allowed me to stay. Even recieved mail in my name to the office and packages from my church and HP as well. The apartment managers also acknowledged to Medicare and low income medical that I lived there. Since then my mother has complained about the pit bulls that are running amock in the apartments and should not be there acording to policy. Yesterday the apartment manager sent a email advising my mother that she had someone living there not on the lease and advised me I had to fill out a lease agreement, pay $50 app fee and pass a criminal background check. My mother said it clearly stated on her lease any other adults would be added as a occupant but not lease holder. We submitted the app but when manager saw I was a felon she filed eviction papers on my mother and gave me 2 days to vacate premises and my mother 60 days if she decided to move. I have nowhere to go and if they have allowed me to stay up to this point, accepted deliveries and mail for me what legal action or recourse do I have as a felon. They also say I can only visit my mother 3 days a month. Is this legal? Lease says no sex offenders will be allowed and other felonies up to discreation of management. I have a drug conviction only. This seems to be discrimation and a flaw in the system. If you can't afford a house and no apartment will rent (39 apartments in Houston but I only qualify for 2 since my felon is only 4 years old)to a felon what do they expect you to do? return to TDC? Pleas help my email is [email protected] cell # 619-646-7542 in Houston, Tx


Asked on 3/16/12, 10:32 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Even if they allowed violations of the lease by overlooking that you were staying there, I'm sure the lease says that all adults have to go through a background check and that no one with a criminal record will be allowed to stay. This is standard in Houston. The apartment has no obligation to rent to you nor to continue renting to your mother if she allows you to visit in violation. In fact, they can trespass warn you and then have you arrested if you return to the property and evict your mother.

Talk with your parole officer about the situation to get recommendations. Otherwise, you can try leasing a home from an individual rather than a corporate owned complex as they are less likely to do a background check.

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Answered on 3/19/12, 10:24 pm


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