Question about criminal trespassing in the state of Texas
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Question about criminal trespassing in the state of Texas
Last March my husband kicked a door as he was leaving the office of a HUD apartment complex we used to live at. A few days later, we recieved a letter stating nither one of us could come back under threat of criminal trespassing. Is this legal grounds for this threat for him, and how could it be for me as I was not even there. If it is legal does it expire? And does there have to be just cause to renew it or can it be done out of spite? I have friends still living there and they have been told they will have a mark against them towards their eviction if I/we are caught in their apartment.
Asked on April 14, 2009 under Criminal Law, Texas
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
In Texas, criminal trespass includes entering property of another without consent when the person has notice (oral or written) that entry is forbidden.
Since both you and your husband received a letter informing you not to come back to the complex, you have received legal notice. There is no expiration and if you or your husband return to the complex, you could be charged with criminal trespass.
As for your friends, HUD housing units usually have their own set of rules and regulations regarding visitors. Depending on what the regulations are, you could be jeopardizing your friends' tenancy.
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