Can I be evictedif another tenant says I allegedly did something?

UPDATED: Dec 26, 2011

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Can I be evictedif another tenant says I allegedly did something?

I live in public housing and my landlord is trying to evict me and my family for a complaint from another tenant. It has been alleged that my son set fire to the siding of apartment building. My son has been in another city for almost 2 weeks. The one day he came to visit this happened. What do I do? Can my landlord evict me just on allegations?

Asked on December 26, 2011 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The answer is that you can be evicted on the testimony of others that you or a member of your household destroyed the landlord's property; however, that testimony must be strong enough to convince a judge that it is more likely than not (i.e. by a "preponderance of the evidence") that events happened as alleged. Therefore, the issue will be the strength of the testimony and any other evidence both the landlord and you (since you can and should present evidence in your defense) can provide.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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