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I made the mistake of picking one of the worst apartment complexes an educated nuclear family can choose in the state of Texas.

I have reported problem neighbors in the past and have been told, "thanks, we will send them a lease violation". And it is just now that I am reading through a Tenant Council fact sheet that says any infraction of the lease in Texas is grounds for eviction.

Well, I had one neighbor shine a laser light on my chest, shine that same laser light through my bedroom window where I sleep with my child and spouse at 1am in the morning to the extent I have a police report, but yet it still was not enough data to evict them. The leasing manager said keep reporting stuff to the police so they have an overwhelming amount of info on to which evict them.

I am starting to get a sense that the message is I am not going to evict someone just because they are being a nuisance to you and lose that money.

Now I am feeling like this leasing manager was pulling my chain all this time. At this point, he is gone, this apartment complex has been bought and sold three times already and I just feel like this stuff can't be legal, the constant buying and selling, the incompetent leasing managers that are put in place, the allowing of everyone and their mother to live on the property even though they are not on the lease which causes a safety issue, the lack of security cameras.

I would like some clarification on what Texas has to say about all this.

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The landlord's contractual obligations to you include an implied warranty of quiet enjoyment, which means he can't harass you, and to the extent that he has control over the matter he can't allows others (other tenants) to harass you. You can't force the landlord specifically to evict the offending party, but you can force the landlord to do something. An alternative is that you can terminate the lease (through court process). Ordinarily, a landlord would be motivated to take action, given the potential loss of revenue from your lease, but that may not be a substantial consideration in this instance.

Legal action against the tenant is another option.

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  • I have considered legal action against the tenant, but I have done a poor job of documentation after the police report incident. Do you have documentation on how to terminate the lease (through court process)? – Daniel Apr 26 '20 at 0:18
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Eviction is at the landlord’s discretion

Let’s assume that the tenant had done something that gives the landlord the legal right to evict. They don’t have to.

Just as with any other contract breach, the innocent party can take action but is not obliged to do so.

It seems that your beef is with another resident, not your landlord. If you want things to change, you need to deal with that resident either through a legal process like a lawsuit or informally. Why do you expect someone else to fight your battles?

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  • Dale, I will take your point of view for a minute, as I do not think you would understand that if this tenant is gone, this leasing office will just bring another like them. If the people have a pulse they are in. This is why I see the landlord as the problem and I think user6726 is on to something. Now taking your point of view, what would consist enough evidence to take action directly against the tenant. A certified letter asking them to stop? – Daniel Apr 26 '20 at 1:48

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