Is it legal in Texas to shoot someone who trespasses on your property if they do not enter your house?
No. It is not legal to shoot a trespasser just for being on your property, whether in your house or not. This is true anywhere in the USA and most other countries for the simple fact that homicide is a far worse crime than trespass. The trespasser has to reasonably represent a threat to life and limb and there has to be no other plausible way of protecting yourself or other innocent individuals. Of course where property is considered more important than humanity in the dominant culture, it is inevitable that some, perhaps many, sick individuals will imagine that this is legal, or may want this to be legal. The Stand Your Ground laws that now exist in many states are proof of that moral sickness. In most states, however, it remains not a grey area under law, that if you shoot someone when it is reasonable to assume that the person was not presenting a physical threat to you or anyone else, you have a fair chance of being imprisoned yourself. If you shoot someone in the back who was trying to climb out of the window when you caught him robbing your house, for example, you are very likely to be charged with a homicide.
Can I shoot someone for trespassing?
No you can not do so and should not do do. It could land you into neck deep problems.A trespasser can only be proceeded against under the prevalent applicable law for the act of trespassing.By shooting a trespasser the said person acts beyond the permissible limits of his rights and is liable to face the consequences in respect of the excess committed by him.Yes if one shoots a trespasser on account of self defence then the situation would change in favour of the shooter. But here too the said person shall have to prove that he shot the trespasser in self defence and that if he had not shot him he would have killed you. It is very tough to prove this as such it it better to avoid the shooting part of it. One should resort to laws and remedies available against tresspassers.Disclaimer: above is not a legal advice to constitute a client attorney relationship between us. You should act and take decision as per your personal wisdom according to the applicable facts of your case.
If someone gets hurt at my house during a party , am I liable, and if so is there a way to prevent it?
The general rule (which can differ per state), depends on a number of factors. The first question a lawyer would probably ask is what type of guest was this person? If the person was a simple houseguest, who did not pay to enter the home and did not otherwise provide economic benefit to the possessor of the home, one set of rules will apply. If the person did provide economic benefit, then another set of rules will apply. It seems like this person was of the former kind, so I will proceed under that assumption. The next question is, how was the person injured? Was the person injured because of a defect of some sort in the home? An example could be a lose floor board. Was the person injured because of something he did? Was the person injured because of something someone else did? Assume defect:The general rule is that the possessor/owner of a home has a duty to inform his houseguests of any defects that he/she knew about. So, if the person was warned of a defect, no liability to the owner. Also, if the owner was unaware of the defect, no liability to the owner. Otherwise, the owner can be liable. Any such liability finding will also take into account the behavior of the houseguest and whether the houseguest's behavior contributed to his injury. In any case, assuming the person was injured because of negligence and not some intentional act, the homeowner's insurance should cover the cost of the injury and may cover defense costs that the homeowner may incur as a result of defending a lawsuit. Note, it is very important that you notify your insurance company as soon as possible to tell them that someone was injured in your home. Failure to do so could result in a forfeiture of your insurance coverage. Also note, that while I am a lawyer, I do not know the law of your particular state nor do I practice personal injury law, so this brief analysis could be completely wrong.
What are reasons someone might be admitted to a mental hospital?
I have been admitted to a mental hospital for no confession or reason other than not having the money to get where I needed to go. It is very upsetting. Financial reasons should never be the reason a person is admitted to a mental hospital but it has happened three times. Once I could not pay for one $10 drink, and the police were called and I was taken in for a 72 hour observation at a mental hospital. Another time, I could not pick up my rental car and did not have enough money to get to a relatives house, and needed a hotel stay. I was told to ask Stanford Hospital, and they admitted me for a two week period and called me gravely disabled. Another time I was stranded in a strange town, and was taken to a mental hospital by a policeman because he said they would give me a place to stay. He didn’t tell me it was going to be a mental hospital.
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
I assure you that not paying your rent is one of the worst decisions that you can make. Your life will not be the same after an eviction. It can be a very traumatic experience.Every state is going to have slightly different eviction laws but here in Ohio my company has a very large rental portfolio in the Cleveland area and this is how we handle tenants who do not pay rent.Rent is due on the 1st.Rent is late on the 2nd.We call tenants 3x day from the 5th through the 10th.We put up 3 day notices on the 10th.After the 3 day notices we file for eviction. Once we file we will no longer accept rent. At this point the non paying tenant can't pay or get out of the legal ramifications of their actions.We win the court eviction and get a write to regain possession of the property. The eviction remains on your record for life. It will be incredibly hard if not impossible to find another landlord willing to rent to you.We send in the bailiffs (guns drawn) to the home. If you do not open the door they kick it in and forcibly remove any occupants living in the home.Everything that the tenant owns is placed on the curb by a moving crew. They can clear out an entire home in about 2 hours. They are not vary delicate with your possessions. Everything stays on the curb until 5pm. Scrappers and thieves usually come by and steal anything of value. At 5pm we bring a dump truck and load up everything that is left and take it to storage. After 30 days in storage we take it to the dump.After all of the above a non paying tenant can also expect the following to happen.We take you back to court and sue you for back rent, legal costs and damages.We garnish your wages until all debts are paid off.As you can gather from everything above being evicted is a terrible experience that is 100% preventable by you. Don't be stupid, pay your rent or move out of your landlord's property you are only hurting yourself if you don't.For more information on evictions take a look at the LIVE video of one of my company’s evictions below.Have more Real Estate related questions? Let me know! Follow/Subscribe & simply ask. I will make you a FREE video reply. #AskJamesWiseFollow me on InstagramSubscribe to my YouTube ChannelWould you like access to a FREE list of the most profitable Real Estate Investments in the USA? CLICK HERE FOR ACCESS!
How can a trailer park legally ban you from having a firearm in your home?
They shouldn't. If you are legally able to buy, own, use a firearm they cannot restrict you. Even landlords at a rented home or apartment cannot restrict you. And if they do, I would follow what Jaggerman said. If it is unconstitutional they are breaking the law. If you have a conceal carry permit then they definitely cannot stop you...If you have a major issue, I would call a lawyer.