Legal Question in Real Estate Law in Texas

Tenants who are not suppose to be in the house

My nephew was living in my rent house and allowed people to move in. The people stole some tools of mine and was reported to the police. The police issued a warrent for there are arrest. They also trashed the trailor out with pets and trash. What should I do with thier property that was left in the trailor. They are saying they are going to report it stolen by me so what should i do? Do I have to give the property back and just take a loss on all the damage done to my home? Or by law am I allowed to keep it for property damage? Do to the fact there was no lease with anyone or written agreement. I did not even know these people were in the trailor until I went out there to get my tools. Please respond A.S.A.P.


Asked on 11/18/01, 9:02 pm

1 Answer from Attorneys
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Tenants who are not suppose to be in the house

Tell the cops you're asserting a landlord's lien. You may, or may not really have one based on these facts, but I bet it will get the cops to call it a civil matter. Also, since they owe you for damages and theft of your property, in legal theory, if they were to sue you for their property, you'd be able to counterclaim for what they owe you, and the claims would offset each other. If their property is worth more than the damages, you'd owe them the difference.

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Answered on 11/21/01, 1:45 pm


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