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Discussion Starter · #1 ·
I know there are some law enforcement on this forum. I have a sticky situation I need some advice on. As I describe this, it will seem like a simple problem, but it gets a little more complicated.

My best friend is single and lives in apartment by himself. A couple of months ago he called me up and told me that he met this girl and she was asking for a place to stay. He's a bit of a push-over and allowed her to stay there. The next day it became obvious she was a drug user. He was pretty uncomfortable with this as he has never been around drugs and much like me, has a squeaky-clean criminal record. Still, he felt sorry for her and thought maybe he could help her overcome this problem. Well, as you can imagine that has not worked out. She does not pay any rent, has no job (other than apparently going out at night and prostituting herself), and spends most of her time intoxicated. he has caught drug dealers over at his apartment. She spends half the day in a comatose state and when she awakes she accuses him of stealing her money and drugs because she doesn't remember buying the drugs and gets into a fight with him. For some reason that I can't fathom, he continues to feed her and buy her cigarettes which is costing him hundreds of dollars per month.

So I talked with him last night and he was telling me he was desperate to get rid of her. I couldn't understand why he hadn't just kicked her out. So he explained his dilemma. Apparently she has nowhere to go. She has been kicked out of every place she's ever lived and nobody will take her (hence the reason she ended up there in the first place) And since she's getting a free ride she isn't about to give it up. He has apparently tried to kick her out on several occasions and she won't leave. He has threatened to call the police, but she threatens back and says that he is required to give her 30 days notice. But worse, she also says that if he calls the police she will lie to them and tell them that he is also using drugs and that there are drugs stashed all over his apartment so he will be implicated as well. He doesn't want to tarnish his record or get put in jail and risk losing his job, etc.

So I have made him an offer. My wife and daughter are going out of town for a week starting tomorrow to visit some family. I have offered for him to come stay with me for a few days and said I would go deal with getting her out of his apartment. Since he is quite a pushover and doesn't stand up for himself very well, I believe I would be more effective at getting rid of her. I'm not sure yet if he is going to agree to it. But assuming he does I wanted some advice as to what to expect, especially if I have to get the police involved. My thinking was I'd go over there the first day and wait for her to emerge from her comatose state, then tell her she has 3 days to leave. I would then go back on the 3rd day and see if she is gone. I would expect her to still be there so at that point I'd probably need to call the police.

Most likely I would be armed (I'm always armed) and obviously have a Texas CHL. But that really should be irreverent being that I'm authorized by the property owner to be there (and be armed). But again, when police show up I don't know how that will look. So please give some advice on this situation.
 

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Where are you guys in Texas?
 

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This is acutally a bit more of a pain than you might think it is. Once he allowed her to "move in", she is now a tenant of his even though she is not paying rent. This means that to get rid of her, she will have to be evicted, the police will do nothing until then. http://http://www.rentlaw.com/eviction/texaseviction.htm As for the "threats", he needs to keep a recorder on as much as possible, TX is a one party consent state so he is the only one that needs to know he is recording.
 

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You have no authority to tell her anything. You should not get involved or you may end up in jail.

If I were him I would call the police, explain the situation and her threat to try to implicate him in drug use/dealing. Then get them arrest her.
 

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This is acutally a bit more of a pain than you might think it is. Once he allowed her to "move in", she is now a tenant of his even though she is not paying rent. This means that to get rid of her, she will have to be evicted, the police will do nothing until then. http://http://www.rentlaw.com/eviction/texaseviction.htm As for the "threats", he needs to keep a recorder on as much as possible, TX is a one party consent state so he is the only one that needs to know he is recording.
^ This is something to pay attention to. It will vary state to state. In SC, I need a court order from a judge, then notice is posted on the front door for 10 days, then a LEO will accompany me to kick them to the curb. So not only do I lose the rental income, I'm out additional attorney and court fees, as well as my time. Then they get to trash the place before they disappear.

There are professional squatters out there, who do nothing but live rent-free until they are booted to their next victim.

Why is it that so many of our laws are designed to protect the criminal and punish the innocent? :headscratch:
 

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Discussion Starter · #10 ·
Thanks guys.. This has been most helpful. I've learned some things I did not know. We're going to get together tonight at my place and form a plan of action.
 

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Why is it that so many of our laws are designed to protect the criminal and punish the innocent? :headscratch:
Because the "criminals" and the ones who believe in entitlement vote more than the ones out working their butts off?
 

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She has to leave sometime. When she does, change the locks, throw her stuff to the curb and be done with it.
 

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depending on state law, it may be considered her residence after a certain amount of time has passed. His best bet is to get a layer and let him or her handle the situation. You getting involved has no legal weight, and will only cause you problems. As far her lying to the cops, that is the last thing I would worry about. Let her lie... so what. She prob is well known to the cops anyway. He was a fool for letting her stay their to begin with. i am not saying you should not be his friend, but heir is legally nothing you can do, so you are best remaining as uninvolved as possible.
 
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Thanks guys.. This has been most helpful. I've learned some things I did not know. We're going to get together tonight at my place and form a plan of action.
You asked, so here is the plan. Stay completely away from this woman. Have your friend obtain legitimate legal advice. Do not involve yourself or your family in any way in this situation.
 

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How much longer does he have on the lease. It's not what I would do, but it might just be easier for him to move out. She is of low character. I would expect her to haul off all of his stuff at any moment. Education is not free.
 
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Stay a mile away from this situation. Your buddy made a stupid, stupid error. He's got to viable options, IMO. He can get her evicted, which will cost him time and a bit of money or he can change the locks, and put her crap outside the door. What does his lease say about additional tenants? He may have issues there.

There are risks with both approaches. Chances are if he goes the legal eviction route she won't follow through on her threat to lie to the cops since that puts her at risk as well. The second option is quick and simple, but puts him at legal risk for violating housing law. There's probably very little chance she would do anything other than pick up her crap and go sleep under a bridge until she found some other sucker, but you never know.

Either way, he is going to incur some personal risk and likely some personal expense. You need to stay away from the whole bad situation with the exception of advising your friend to get rid of her as soon as possible.

For me, I'd probably just throw her out on the street and take my chances.
 

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Discussion Starter · #19 ·
How much longer does he have on the lease. It's not what I would do, but it might just be easier for him to move out. She is of low character. I would expect her to haul off all of his stuff at any moment. Education is not free.
Actually, we've discussed this option already and it is high on the list of possible ways to solve the problem. I had suggested he just ask his apartment complex if he can move to another unit within the same complex. He doesn't really own a lot of furniture or "stuff" so I imagine we could move everything in a few short hours if we work together. So she would just come back to an empty apartment and let somebody else deal with her. That's one of the strategies we're going to talk about. But we're not even sure if the apartment would allow this or if they have any free units available.
 

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Another though. Offer her $200 relocation money. Haul her stuff where ever she wants it delivered, dump it out, give her $200 and change the locks.
 
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