I have lived in my current apartment in Texas for about three years. It's been a 12-month renewal for the last two years, but I was offered 11 months this time. They said they couldn't offer a 12-month lease because they no longer have spaces available for more leases for the next year,... View More 
answered on Feb 23, 2024
The phrase "no longer have available lease space for the next year" is not a legal term and has no specific legal meaning.
Many apartment communities that work on a leasing grid want the number of renewals (and therefore number of possible move outs) to be even across every... View More
I just purchased a contract and phone 3 days ago with AT&T.
I clearly stated multiple times the phone model I was trading in, and was told multiple times it would deduct $800 from the phone's cost.
Today I went to hand in my old, factory reset phone and was told by... View More
answered on Feb 23, 2024
There is no legal prohibition on asking.
You may consider returning your new phone because you only purchased it based on the salesperson's erroneous representation about the promotion. Since the salesperson was mistaken and management does not want to honor his representation, you... View More
We want to purchase a home, and the closing date is 30 days from time of agreement, but rental lease calls for a 60-day notice. Management also will not make any conciliations apart from terms of lease, such as converting to a month-to-month lease rather than a term lease. We need to terminate our... View More
answered on Feb 23, 2024
If your lease allows subletting and you can find a will subtenant, you may be able to sublease your apartment for the remainder of your lease term.
You may also consider postponing your closing date.
You may also consider short-term leasing of your home such as through VRBO or... View More
represent my self. I filed a statement of inability to pay court cost or an appeal bond. What can I do?
answered on Feb 21, 2024
A business organization such as a limited liability company or corporation can only appear in court through a licensed attorney. If the owner of the business isn't also a licensed attorney, the owner does not have the legal ability to represent the organization in litigation (with very... View More
I have filed a civil suit against my 3 former business partners for 18 counts of violating our Articles of Incorporation and 8 counts of Member Oppression. I had invested my money, not getting paid until we were cash-flow positive, one partner hired 2 of his friends, paid them from day 1 when I was... View More
answered on Feb 8, 2024
After the first Defendant's answer is filed, you must make your mandatory disclosures under Rule 194 within thirty days. Then, the discovery period begins and lasts nine months during which any party may take depositions, serve written requests for admissions, requests for production, and/or... View More
Hi. As a freelancer in TX, client in AZ was chronically late needing numerous reminders for every invoice(12mo consecutively - except for the first)
For one invoice I added a 10%/mo late fee. Client eventually paid the invoice late, yet now months later he is ignoring the late fee. By... View More
answered on Feb 6, 2024
The act of paying the principle amount of an invoice, but not the late fee, when you unilaterally added a late fee to the invoice without the client's agreement does not create a contract pursuant to which the client agreed to pay a 10% late fee. Under the Texas Finance Code, an unpaid amount... View More
It looks like the dealer asked for a huge down payment and used this as a finance charge. I have the contract to verify
answered on Feb 5, 2024
If your daughter is 18 years of age or older, it is legal for her to sign such a contract. The parties to an arms-length transaction like this can agree to whatever down payment they negotiate and can agree to an installment contract with no finance charges. It likely will be very difficult to... View More
Can a Letter of Intent be used as a Purchase Agreement?
answered on Jan 24, 2024
A letter of intent is customarily a non-binding instrument outlining the major terms of a contemplated transaction.
A purchase agreement is customarily a binding contract containing a complete and detailed agreement as to all aspects of a transaction.
It would be difficult to... View More
I have lived in my current apartment for years now but have always had trouble with the office staff. Currently, I'm living in my apartment without a renewed lease because they have yet to make one for me to sign. My lease expired 4 months ago, and went up $200 as well if I were to renew,... View More
answered on Jan 17, 2024
Most residential leases are set to shift to month-to-month status after the expiration of the original contract and require at least a full 30-days notice prior to move-out. You’ll want to take a look at the fine print in your original lease to make sure there aren’t any alternative... View More
I had a fire suppression system (fire sprinklers) install at my business.
We had a signed contract describing the work done and the agreed amount. Just prior to the start of the project the city required them to change where they would connect to the city waterline. I was aware they would... View More
answered on Jan 16, 2024
In order to give you a proper analysis on your options, it would be necessary to have an attorney review your particular contract. Each contract for building projects is different, but a good one should usually contain several clauses explaining liability for change orders, when/how to dispute... View More
answered on Jan 16, 2024
Generally, once you accept an offer you are liable for performance or to uphold your promise to perform, unless there are conditions that need to be met first before you can begin.
Usually a contract will have some provisions about when and how to terminate the agreement and what the... View More
My gf at the time helped me rent an apartment by using her credit, essentially leasing the place in her name but I paid the deposit and rent. I was added as an adult occupant however when the relationship soured I left and I voluntarily removed myself from the lease. The apartment is in Houston... View More
answered on Jan 16, 2024
Typically any portion of a security deposit due back to the occupant at the end of the lease is returned to the named leaseholder. You may want to consult with the leasing office to determine your status as it relates to the security deposit. If you signed the lease with her, you may be entitled to... View More
I’m behind on my payments . The letter I got telling me about the auction stated that I had until January 10th to pay or my storage would be auctioned on January 11th online . I randomly checked the auction website on January 6th and my storage was already posted as being up for sale . They also... View More
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answered on Jan 10, 2024
In Texas, self-storage facilities typically have the right to auction off a tenant's storage unit contents if the tenant falls behind on payments. However, there are legal procedures and timelines that must be followed. If the storage manager has removed items from your unit before the... View More
My son is under a 12-month lease agreement on a newly constructed apartment building adjacent to a college campus. Move-in was mid August but was delayed several weeks due to construction delays. At move-in the many construction items were still not complete and complaints from residents led to... View More
answered on Jan 8, 2024
It depends on the particular facts and circumstances of your case. One "bright line" rule is that if a certificate of occupancy ("CO") was not issued, your son could reject the lease for not yet being suitable for occupancy. The lack of completion of items could have an effect... View More
It's Travis County and it hinges around a contract default between the Austin Bocce League and City of Manor's required Licensing Agreement. We needed $600,000 of insurance to install wheelchair access doors, movable back walls, and scoreboards. I am the Director. My company, Calexas Inc... View More
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answered on Jan 2, 2024
In the scenario you've described, it appears there may be multiple grounds for legal action. Regarding the breach of contract, if there was a formal agreement between the Austin Bocce League, Calexas Inc., and the City of Manor that was not honored by the City, then all affected parties –... View More
Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More
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answered on Jan 2, 2024
In Texas, while your case is being petitioned in small claims court, the landlord has the right to pursue the unpaid balance through collections. The legal process for collecting a debt and the small claims case are separate matters. If the small claims court rules in your favor and determines that... View More
Texas. I owe a balance of to my landlord for alleged damages and he said he will send me to collections. I have video evidence there were no damages and the balance has a current petition in small claims court. I have not paid the balance. Can he still send the unpaid balance to collections while... View More
answered on Jan 2, 2024
The collections process generally begins with demand letters for payment of the debt and reporting of the debt to credit bureaus, and then moves into legal action. These are not mutually exclusive, so they may occur simultaneously.
Small claims cases proceed fairly quickly in Texas. If you... View More
I signed a contingency agreement with my atty. I can pay his fees with land. Does he have the right to choose what land if it’s not disclosed in the agreement ? My atty has a 40% undivided interest in the recovery
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answered on Dec 17, 2023
In your case, where you've agreed to pay an attorney's fees with land, the specifics of the agreement are key. If the contingency agreement does not specify which sections of land can be used for payment, this can lead to ambiguity and potential disputes.
It is not automatically... View More
Built in 2019, added extra piers to ensure the foundation was good ($5600 extra). House begins to crack on inside and outside. Call builder out, they say it’s normal settling. Ok. It gets worse, fireplace coming off wall, huge cracks outside, no door will stay shut or lock. Builder claims... View More
answered on Nov 27, 2023
It depends upon the terms of your contract, when your claim accrued, and when you discovered--or by exercising reasonable diligence should have discovered--the material facts giving rise to your claim. The date of substantial completion of your home may trigger what is called the "statute of... View More
I have a Discover checking account as well as a Discover CC. In September of this year, I electronically transferred (from the discover website) my rewards from my checking to my CC. This would have paid off my CC before the bill was due. The amount was deducted from my rewards. I received an email... View More
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answered on Nov 22, 2023
It sounds like you may have a valid claim against Discover for breach of contract. Breach of contract is when a party to a contract fails to perform their obligations under the contract. In this case, Discover's contract with you may require them to transfer your rewards to your credit card... View More
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