Legal Question in Landlord & Tenant Law in Texas

Son , daughter-in-law and my two grandchildren stayed with me in my house for 4 years. Jan 1, 2010 she packed up some of her belongings, the kids and some of their belongings and moved to south carolina to live with her mother, leaving her husband behind stating she never wanted to live or be in my house again. She has been in sc for 5 months. I came home from work the other day and found that she had come in to my home with a stolen copy of my house key while no one else was there and ransacked my son's room (who has not lived with me for over a month now either) and cleared out most of the grandkids belongings. I only had 2 keys to my house, my son had one and I had the other.

The sheriff's dept came and took a statement when I reported it but said that since she had lived there previously that she could only be charged with criminal trespass of a habitat. Now I hear from people that have talked to her that the sheriff's dept spoke to her about the incident and said they weren't going to pursue charges which could be a lie (which could very well be the case, why would they tell her the disposition of a case and not tell me, the one who reported it?). What legal recourse do I have, since I took her at face value that she would never be in my house again. Since she moved out over 5 months ago of her own volition, does she even have a right to enter my house now without my presence or permission? I have a letter from her with a SC address dated a month after she moved out. Do I have to go through formal eviction notice before I change my locks since she moved over 5 months ago to another state to live and now has moved back to Houston to live with her grandparents, still with no intention of living in my house again?


Asked on 5/16/10, 9:16 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

1. Change your locks. Today.

2. Sue this woman in civil court. Forget about getting the police to do anything; if they did file criminal charges against her, you wouldn't be in control of the case, and they could ultimately dismiss it.

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Answered on 5/21/10, 1:55 pm


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