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Am I a landlord?

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marymartha84

Junior Member
What is the name of your state?What is the name of your state? Texas

My husband and I bought a farm in 1999. My husband's cousin asked if he could put a trailer house on it because he wanted to live in the country again. He offered to buy a few acres the house sat on when he could financial afford it. We told him that since we just bought the land we couldn't turn around and sell part of it anyway because our banker would be mad and that we could work something out later. When he put in his trailer he dug a septic system. We shared a water well for awhile but that wasn't good enough for them so they drilled their own well. (Improvements) They have been horrible neighbors! We even caught them selling our hay and keeping the money (stealing). We asked them to move 16 months ago. I have decided to begin eviction procedures. When I intially asked them to move, I did, however stupidly, offer to reimburse them the cost of the well since they couldn't take it with them. Now after 16 months of aggrevation, I feel that the offer has expired since they didn't move in a timely manner. I feel the cost of the well is a small price to pay for getting to live somewhere rent free for 6 years. But that's just my feelings.

So the Facts: No written agreement and a vague oral agreement. We never asked for rent and they never paid any rent.

So my questions:
Am I legally a landlord and he a tenant?
Does this require eviction or is it trespass?
Am I legally required to reimburse the cost of the well as improvements?
 


HomeGuru

Senior Member
marymartha84 said:
What is the name of your state?What is the name of your state? Texas

My husband and I bought a farm in 1999. My husband's cousin asked if he could put a trailer house on it because he wanted to live in the country again. He offered to buy a few acres the house sat on when he could financial afford it. We told him that since we just bought the land we couldn't turn around and sell part of it anyway because our banker would be mad and that we could work something out later. When he put in his trailer he dug a septic system. We shared a water well for awhile but that wasn't good enough for them so they drilled their own well. (Improvements) They have been horrible neighbors! We even caught them selling our hay and keeping the money (stealing). We asked them to move 16 months ago. I have decided to begin eviction procedures. When I intially asked them to move, I did, however stupidly, offer to reimburse them the cost of the well since they couldn't take it with them. Now after 16 months of aggrevation, I feel that the offer has expired since they didn't move in a timely manner. I feel the cost of the well is a small price to pay for getting to live somewhere rent free for 6 years. But that's just my feelings.

So the Facts: No written agreement and a vague oral agreement. We never asked for rent and they never paid any rent.

So my questions:
Am I legally a landlord and he a tenant?

**A: yes, from day 1.
******
Does this require eviction or is it trespass?

**A: you need to evict following the L/T law.
********
Am I legally required to reimburse the cost of the well as improvements?

**A: of course not.
 

JETX

Senior Member
And of course, I agree.
You are a landlord. Give the 30 day WRITTEN notice to terminate their at-will tenancy.... and then follow it up with a lawsuit at your local Justice court.

One thing though.... you are not a 'normal' landlord since a trailer is involved. You will need to abide by Chapter 8 of the Texas Property Code:
http://www.capitol.state.tx.us/statutes/pr.toc.htm
 
JETX said:
And of course, I agree.
You are a landlord. Give the 30 day WRITTEN notice to terminate their at-will tenancy.... and then follow it up with a lawsuit at your local Justice court.

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And what exactly is a "justice court?" Is that the opposite of an "injustice court?"

OP do yourself a favor and don't listen to this guy. I have socks that know more about the law than he does. Do yourself a favor and talk to a real estate attorney in your community. Your situation is much more complex than JETX's simple-minded answers would indicate.
 
Rhubarb297 said:
And what exactly is a "justice court?" Is that the opposite of an "injustice court?"

OP do yourself a favor and don't listen to this guy. I have socks that know more about the law than he does. Do yourself a favor and talk to a real estate attorney in your community. Your situation is much more complex than JETX's simple-minded answers would indicate.

Rhutard:

Do you deliberately try to piss people off or does it come naturally?
 

JETX

Senior Member
Rhubarb297 said:
And what exactly is a "justice court?" Is that the opposite of an "injustice court?"
Are you always this stupid, or is this some kind of 'special' stupid day for you??
Texas has 'Justice Courts'. They are used to hear small claims, unlawful detainers, traffic citations, etc.
And if you are as stupid as you sound.... here is a link to help you 'learn':
http://www.courts.state.tx.us/trial/jpcourts.asp

OP do yourself a favor and don't listen to this guy. I have socks that know more about the law than he does. Do yourself a favor and talk to a real estate attorney in your community. Your situation is much more complex than JETX's simple-minded answers would indicate.
Right!! You have proven to be a stupid, uneducated pile of crap all over this forum.... and now you seem to have eaten your way to the top. :D
 

HomeGuru

Senior Member
Rhubarb297 said:
And what exactly is a "justice court?" Is that the opposite of an "injustice court?"

**A: Rhutard, you wouldn't know since the only court you know would be the court of jesters.
 

marymartha84

Junior Member
HomeGuru and Jetx,

I appreciate your help. I had talked to an attorney who said he felt that it was trespass and the county J.P. instructed to evict. I needed a tie breaker - Thank You!

I know this isn't legally binding advice and that when you get the law involved it is never simple as Rhubarb implied. But when you are on the verge of situations like this, you are not always sure of what questions to even ask an attorney. Sites like these and your participation is incredibly helpful and very much appreciated. I had searched the other posts for info before I posted and noticed you have to put up with a lot of snide remarks. Thank you for your continued input.

I will now search for the mobile home conditions of this eviction situation. Thank you again.
 

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