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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Frankly, it would be easy to argue either way. But it makes more sense to develop your side of the argument, and in the process explain what she might claim, and then how to rebut her possible legal arguments. In general, however, the problem you’ll have is that you have a mixed kind of relationship, common with these issues of “boomerang” kids. These living arrangements have some elements of what sounds to be a place of refuge, with lots of ‘gifting.’
The one area I’m going to assume does not apply here would be if you have gotten a Section 8 waiver, to rent to a family member. That would set up a whole lot of possible grievances by your daughter. http://law.justia.com/cfr/title24/24-4.0.3.1.16.html.
So the bottom line is that we’ll keep it more simple, and concentrate on any possible tenant/landlord rules in Texas.
- You Probably Don’t Have A Rental Arrangement
I’m assuming there’s simply no written rental agreement. As mentioned earlier, there’s always two ways to argue these facts…while there was no written contract, there can sometimes still be an oral contact. You’ll need to look at Texas state law and see if any facts apply to returning a “renters” (alleged) property. http://caselaw.findlaw.com/tx-court-of-appeals/1244047.html.
Your simple (and I think winning) position is there was no rental agreement: just a periodic guest. In the unlikely event you are held to have been “renting” a room to her, you would then face restrictions on keeping her alleged property. If, in the future, you still want her back in, without the costs of supplying more property to her, suggest she go see a lawyer to draw up a rental contract. http://texaslawhelp.org/ …then have your own lawyer review the contract before you sign.
- She Abandoned Her Property
Even ‘assuming’ there was a quasi-rental (whatever that may mean), your daughter has repeatedly abandoned her personal property. Here’s one Texas law about a “tenant” abandoning property…but remember, admitting she was a “tenant” is a back-up argument. http://codes.lp.findlaw. com/txstatutes/PR/8/93/93.002. Your keeping records of what was said when her property abandonment happened, over and over, can often be used to refresh your memory if you go to court. Getting receipts of what you purchased will help, too.
There’s a chance that some items are so clearly personal to her, and unrelated to the occupancy, that you may face a burden about returning them. Doing a comprehensive inventory of what she left, with photos and descriptions, will help show you recognized the difference. Also wait 30 days before disposing of the property. Have a calendar with important dates on it (to the best of your memory) regarding your daughter’s move-ins and move-outs.
There are sometimes cases where someone might assume a “constructive trust” relationship, or (even less likely) what’s called a type of “bailment.” It is the second one that is the most interesting, and it’s called a gratuitous bailment. Under a gratuitous bailment, you have only a very slight duty to protect her property. http://www.4thcoa. courts.state.tx.us/opinions/HTMLopinion.asp?OpinionId=17919&redir=1.
- Listing And Proving Your Personal Property Rights
You do run a risk for being sued for what’s called unlawful “conversion” of your daughter’s alleged property. Here’s a case talking about what can happen if you refuse to return that property… http://caselaw.findlaw.com/tx-court-of-appeals/1244047.html. As mentioned, the more details you can get to show you bought the items, specifically for use in your home, the better your position will be.
Frankly, it would be easy to argue either way. But it makes more sense to develop your side of the argument, and in the process explain what she might claim, and then how to rebut her possible legal arguments. In general, however, the problem you’ll have is that you have a mixed kind of relationship, common with these issues of “boomerang” kids. These living arrangements have some elements of what sounds to be a place of refuge, with lots of ‘gifting.’
The one area I’m going to assume does not apply here would be if you have gotten a Section 8 waiver, to rent to a family member. That would set up a whole lot of possible grievances by your daughter. http://law.justia.com/cfr/title24/24-4.0.3.1.16.html.
So the bottom line is that we’ll keep it more simple, and concentrate on any possible tenant/landlord rules in Texas.
I’m assuming there’s simply no written rental agreement. As mentioned earlier, there’s always two ways to argue these facts…while there was no written contract, there can sometimes still be an oral contact. You’ll need to look at Texas state law and see if any facts apply to returning a “renters” (alleged) property. http://caselaw.findlaw.com/tx-court-of-appeals/1244047.html.
Your simple (and I think winning) position is there was no rental agreement: just a periodic guest. In the unlikely event you are held to have been “renting” a room to her, you would then face restrictions on keeping her alleged property. If, in the future, you still want her back in, without the costs of supplying more property to her, suggest she go see a lawyer to draw up a rental contract. http://texaslawhelp.org/ …then have your own lawyer review the contract before you sign.
Even ‘assuming’ there was a quasi-rental (whatever that may mean), your daughter has repeatedly abandoned her personal property. Here’s one Texas law about a “tenant” abandoning property…but remember, admitting she was a “tenant” is a back-up argument. http://codes.lp.findlaw. com/txstatutes/PR/8/93/93.002. Your keeping records of what was said when her property abandonment happened, over and over, can often be used to refresh your memory if you go to court. Getting receipts of what you purchased will help, too.
There’s a chance that some items are so clearly personal to her, and unrelated to the occupancy, that you may face a burden about returning them. Doing a comprehensive inventory of what she left, with photos and descriptions, will help show you recognized the difference. Also wait 30 days before disposing of the property. Have a calendar with important dates on it (to the best of your memory) regarding your daughter’s move-ins and move-outs.
There are sometimes cases where someone might assume a “constructive trust” relationship, or (even less likely) what’s called a type of “bailment.” It is the second one that is the most interesting, and it’s called a gratuitous bailment. Under a gratuitous bailment, you have only a very slight duty to protect her property. http://www.4thcoa. courts.state.tx.us/opinions/HTMLopinion.asp?OpinionId=17919&redir=1.
You do run a risk for being sued for what’s called unlawful “conversion” of your daughter’s alleged property. Here’s a case talking about what can happen if you refuse to return that property… http://caselaw.findlaw.com/tx-court-of-appeals/1244047.html. As mentioned, the more details you can get to show you bought the items, specifically for use in your home, the better your position will be.