ask george & chuck
March 17, 2008

Land disputes, landlord problems
Answers to real estate questions as appearing
in the Houston Chronicle

Dear George: I own a 50% interest of the land that's under my mobile home. The owner of the other half wants to charge me for my use of the land and is taking me to court for "forcible entry detainer." How he can charge me rent when I own the half the land?

Answer: The common ways in which two or more parties can co-own a piece of property in Texas are joint tenancy, tenancy in common, and community property. You probably co-owner your property as a joint tenant or tenancy in common. Tenants in common, like joint tenants, share the right to possess, sell, and encumber the property. Thus, whatever revenues are derived or could be derived from a piece of property must be shared, as should all expenses. The other owner has a 50% right to share in revenues and expenses or to enter into a lease or rental agreement with you that is fair and equitable. The other alternative is to file a partition lawsuit, whereby you each obtain a full but separate ownership of your particular portion of the property.

Dear George: My landlord's cat keeps finding its way into my property, and the landlord comes in my home all the time when she retrieves her cat. Can she do that? Can I change the locks? She also uses the rental property as a dumping ground for her old lawn mower, trash, paint cans, etc. Can I get rid of these items?

Answer: Assuming you have a written lease agreement, your rights as a tenant should be described in that agreement. You can change the locks, but you must notify the landlord and provide her a copy of the new key. Do not allow the cat to enter your leased premises. If you wish, notify the landlord that the cat is on the premises and that you’d like the landlord to remove the cat. As for the items the landlord left at the rental property, communicate in writing that you would like for the landlord to remove them. Provide a reasonable period of time for the landlord to accomplish the removal, such as 15 or 30 days. Specify in your written notification that if the landlord fails to remove the items you have delineated, you will place them at the curb or another accessible location. You must get the landlord to confirm that those items were abandoned. You will probably need an attorney with experienced with landlord-tenant issues to draft an acceptable written communication.