txinvestigator
TGT Addict
I think you need to do better research.
Once you rent a property it is considered to be yours/home/residence, this includes hotels.
And no they cannot Evict you based on that.
And Dogs are not protected by state.
A lease cannot change the direction of a state law or regulation, that’s why some leases can be taking to court and considered judged invalid because not in accordance with state regulations.
Example when you speed over the speed limit you have not broken the law you have breached a contractual agreement with Texas Department of transportation and you have a set agreed-upon penalty.
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Please don't take this wrong, but you are confusing criminal and civil. Let's take the dog vs gun comparison. The state of Texas does not "protect" firearms any more than they protect dogs. It is not unlawful to possess a dog; however, if possession of one is a lease violation one can be evicted for possession. Possession of a firearm is not unlawful; however, if possession of one is a lease violation then one can be evicted for possession of one.
A thing being legal does not mean that thing cannot be a lease violation.
Making firearms a lease violation does not "change the direction of a state law or regulation" The criminal law does not make it a violation to PROHIBIT the possession of firearms in rental property.
Where does any law say if you rent property it is "considered" to be yours? There are a myriad of laws that cover property rental and address various aspects. For example, penal code 46.02 address the carry of HANDGUNS on your own property or property under your control. It is the "property under your control" that makes the carry of handguns not unlawful in apartments and hotel rooms. A apartment or hotel is not "yours" for every purpose. Many leases prohibit painting walls. If it is "your" property why can't you paint the walls? Hell, many leases limit the number of people who can reside in a rental to fewer than the law requires. The property code requires that landlords limit the number of adults to three times the number of bedrooms. That does not prevent the landlord from
And speeding is a class C misdemeanor. It isn't a breach of a contract. Traffic offenses are heard in Municipal and JP Courts, and are appealed to the criminal courts. You are not sued by TXDOT you are tried by the local government. The standard of proof is beyond a reasonable doubt, not a preponderance of the evidence.
You can be arrested and incarcerated for a speeding violation if you fail to sign a promise to appear for the speeding. One cannot be arrested for a contract violation.
Texas Transportation Code
Sec. 542.301. GENERAL OFFENSE. (a) A person commits an offense if the person performs an act prohibited or fails to perform an act required by this subtitle.
(b) Except as otherwise provided, an offense under this subtitle is a misdemeanor.
SUBCHAPTER D. PENALTIES AND COSTS OF COURT
Sec. 542.401. GENERAL PENALTY. A person convicted of an offense that is a misdemeanor under this subtitle for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200.
Sorry...
Your statement that "A lease cannot change the direction of a state law or regulation" is true, in that it cannot change something prohibited or specifically allowed in rentals in the property code or other laws.
In a nutshell, a landlord can prohibit firearms A person violating said lease is not committing a criminal act, but IS in violation of the lease and can be evicted