1- Can landlord evict wife?
2-Landlord turned of electricity and water and blocked the entrance, as a result, all groceries went bad in the fridge? Can wife file for damages against landlord? in Dewitt county TX
You've already asked this question. Yes -- if the Lease is breached then Landlord can evict all tenants, guests and occupants.
A landlord has no right to interrupt utilities paid for directly by a tenant to the utility company. If the landlord did so, then the tenant may be entitled to damages equal to one month's rent, actual damages incurred by tenant, $1000, attorney's fees and court costs. See TPC 92.008: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm.
You will find in TPC 92.008 that there are different rights if the utilities are submetered,
AVVO is a general forum for discussion purposes only. My answers, comments, ideas, approvals and endorsements do not constitute legal advice, opinions or even suggestions, as I do not have enough facts and you are not my client. As well, my response is with respect to only the laws of the State of Texas. Hire an attorney in your location if you want assistance upon which you may rely.
You need to talk to a real estate/consumer lawyer near you.
Under Texas law, if your electric bill is included in your rent (a "bills paid" lease) and you are at least 7 days late with your rent payment, your landlord may disconnect your electricity. But he must give you written notice at least 5 days before the disconnection date. Your landlord cannot lawfully disconnect your electrical service if you pay the electrical service provider directly. He may not disconnect water, wastewater or gas for non-payment of rent. In agreements involving sub-metered electrical service, however, the electricity may be disconnected for non-payment of the electric bill.
If your landlord doesn't meet these requirements, he may be liable to you. You may terminate the lease. You may also recover actual money damages, a statutory penalty of one month's rent or $500 (whichever is greater), court costs, and attorney fees. Any overdue rent or other money you owe the landlord will be deducted from the amount you recover.
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