Legal Question in Landlord & Tenant Law in Texas

My friend's boyfriend kicked her out of their apartment. She, like him, is on the lease but the guy took it upon himself to lock her out. So her dilemma is that she does not want to go to her apartment while he is there to obtain her items. She is afraid he might do something violent. Most of the furniture and appliances belong to her. If she gets a locksmith to open her apartment and decides to take all of her things while he is away, is that legally plausible? Will she get into problems if she is covert about it? Would it be better to have a cop escort her?


Asked on 7/17/10, 11:08 pm

1 Answer from Attorneys
TC Langford Langford Law Office

If she gets the civil escort (not all police departments provide this service), it is normally only for 10-15 minutes to collect some clothing and toiletries, not furniture and appliances. She should contact the apartment manager and explain the situation to obtain entry and removal of her property. If there is a problem, then she will have a witness, when she files suit in JP court to recover her property. The boyfriend does not have any right to evict her, and she is not legally obligated to leave. If he physically forced her out, then it is a constructive eviction, and she has additional recourse in JP court.

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Answered on 7/19/10, 9:53 am


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