Eviction Filed After an Accidental Shooting in the Apartment
My question involves an eviction in the state of: Texas.
A friend has been shot and is in the hospital. She has received an eviction notice. The shooting was accidental. The gun was registered. My friend move to the new apartment with her fiance last week. Her brother was assisting in the move. He brought his shotgun into the apartment for safety reasons. Her fiance picked the gun up to move it to a different room without any activity. The gun went off and she sustained severe injuries. No one was cited. The apartment has posted an eviction notice. The lease says all guns must be registered. This one is registered. The apartment manager has told her she will not get her deposit back.
1.Can they evict her for the discharge of the weapon?
2.Can they keep the security deposit?
Re: Eviction Filed After an Accidental Shooting in the Apartment
What is the exact language of the provision requiring that "all guns must be registered"?
I can come up with a number of theories that could allow a landlord to evict a tenant who fired, or whose guest fired, a firearm within the rental unit, even if nobody was injured. But I am at a disadvantage as I do not have access to the complaint that was filed against your friend. What are the exact grounds listed in the complaint as the reasons a court should grant eviction?
If they prevail in court, the security deposit can be applied toward any money owed for unpaid rent, remaining liability under the lease, damages, etc., in a manner consistent with the state's security deposit laws.