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Complaint for Forcible Entry and Detainer - Defendant Refuses to...

Texas Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

Category:

Criminal - Complaints

State:

Multi-State

Control #:

US-03314BG

Format:

Instant download

Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.

Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

Under current law, landlords and property owners in the State of Texas must comply with Section 92.016 and 92.1061 of the Texas Property Code. This law allows for victims of certain crimes involving family violence, sexual assault, child sexual abuse and stalking to terminate residential leases for their safety.

Ing to Section 92.019(a-1)(1) of the Texas Property Code, your landlord should not charge you more than the percentages of your rent listed below, depending on your living situation: If you live in a building with 4 or less units, they should not collect more than 12% of your rent.

(a) If the justice court enters judgment for the landlord in a residential eviction case based on nonpayment of rent, the court shall determine the amount of rent to be paid each rental pay period during the pendency of any appeal and shall note that amount in the judgment.

Section 92.109 - Liability of Landlord (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.

Sec. 92.102. SECURITY DEPOSIT. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant.

Occupancy Limits. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling.

In Texas, your local Justice of the Peace Court (frequently known as ?JP court,? ?justice court,? the ?people's court,? or ?small claims court?) has exclusive jurisdiction over eviction suits, known in Texas as forcible entry and detainer suits.

92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.

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