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Updated almost 6 years ago on . Most recent reply

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217
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170
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Jason C.
  • Investor
  • Austin, TX
170
Votes |
217
Posts

Evicting for discharge of firearm in the house

Jason C.
  • Investor
  • Austin, TX
Posted

So we had an incident in one of our duplexes where a guest of the tenant was shot inside the home. I heard about it from the tenant on the other side who was afraid for their own safety, obviously. They have called me once before complaining about their neighbors having loud parties and all that goes along with that.

I posted an eviction notice as a lease violation, as we do not condone violent and illegal behavior in our properties. Now this tenant is not behind on rent, and this is the first time I have even threatened eviction on anything other than non-payment.

But now I am having some second thoughts. The tenant that received the notice called me very upset saying it was an accidental discharge and they are friends and no charges were filed. Of course that all may be BS.

Am I right to proceed with eviction for something like this? My instinct was to evict because I think there would be all kinds of liability if I let them stay.

Thanks in advance for your thoughts!

Most Popular Reply

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252
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138
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James Canoy
  • Kingston, Ny
138
Votes |
252
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James Canoy
  • Kingston, Ny
Replied

@Jason C.

Accidental discharge? Someone was playing with a loaded gun inside your property. PLAYING. It was either a kid or an adult so in either case the adult is incompetent. Let’s say they don’t kill their neighbors. They still put holes in your walls. Even a BB gun will do that. If they do harm their neighbors you better believe that you’ll get sued for letting this go on.

Do you really want incompetent gun owners who have loud parties on your property?

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