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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: How much notice is required for a change of payment method for renters and how must it be communicated?

Flyer laying on ground outside apartment (dated 7/29/22 advising tenants that their rent for 8/1/22, must be paid by: cashiers check, money order or personal check and brought directly to the leasing office. No online payments accepted. Doesn’t this require 30 days written notice? It is a burden... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 31, 2022

The good news is that your lease probably has the answers to your question. There is a written notice requirement for any change in a written lease. However, I would need to see your lease to advise you better. I believe you are good for this month, but next month you will probably need to comply... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law, Family Law and Domestic Violence for Texas on
Q: I have a court date to be evicted from my home. By my daughter. From my home in town had a trespass report by lying

What can I do? I need help now

John Cucci Jr.
John Cucci Jr.
answered on Jul 21, 2022

Sorry to hear about your problem.

If you have a court date set for your eviction, you need to act fast. If it is within the next few days, you can ask the judge to re-fix the court date, but they will only give you a week or two. There are some legal aid socities that help people who can...
Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Landlord - Tenant and Small Claims for Texas on
Q: Is there fraud in submitting an Affidavit of Inability to Pay for a company based on the income of a person not in suit?

I live in a complex that is owned by an LLC. The registered agent for the LLC is also the on-site property manager. When filing evictions instead of paying the filing fees she submits an Affidavit of Inability to Pay. She is not included as a plaintiff in the suit. Only the LLC is listed as... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jul 17, 2022

You have raised a serious question. I woould like to see the Affidavit filed requesting a waiver of the filing fee. If the LLC is owned by the person filing for the fee waiver, it might be allowed. But if the LLC is not a little mom & pop business, and they have many units, it might be fraud.... Read more »

1 Answer | Asked in Estate Planning, Personal Injury, Real Estate Law and Landlord - Tenant for Texas on
Q: What can I do about mold in my apartment if the complex refuses to acknowledge it?

When we first told them we have mold, they said it wasn’t mold but sprayed mold killer. We told them again and they are still saying it’s not mold but my kids have seen multiple doctors who all say that they are being affected by mold. I’ve shown pictures to them and everyone says that it is... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 29, 2022

Ask your local health department to come out and investigate.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Repaying a gifted down payment for a house.

I purchased a home in July of 2021 in the state of Texas. My now ex-fiance gifted me 7750 to put down. She has kept 12k worth of rings I purchased for her stating they are a gift. I told her if she will give me the rings back I will give her 11k dollars. She wants to keep the rings and me give her... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

First, be aware that the wholesale value of a diamond ring that costs $12,000 is probably in the range of $2,000 to $3,000 and almost certainly less than $7750 even if they are unworn rings from Tiffany in the original packaging. The appraised value certificate they give you for insurance purposes... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally be changed a pet fee for using my service animals for my disabilities?

I have resided in a hotel for over four months and about 3 wks into our stay I presented the registration to the mhr of the hotel. I had to wait for an approval to bring them with me. On Monday got the ok. So 3months and 3 wks later the mgr come to us stating I could not have them and I will have... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 15, 2022

No, you cannot be charged a pet fee or pet cleaning fee for using a service animal. You are correct that the only fee that can be charged is for any damage caused by the service animal. You cannot be asked to remove your service animal unless it is out of control or is not housebroken. A service... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble

If I invite someone into my house even tho I don’t pay rent it’s my moms house can they still get into trouble if they were told to not come back by my mom.

John Cucci Jr.
John Cucci Jr.
answered on Apr 12, 2022

This is a sticky situation. If you live at the house, you can invite anyone to come see you. However, I would not expect them to "hang out" at the house. You would need them to only stay in your room. Thus, they can come pick you up, or visit you in private, but to do so is asking for... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Health Care Law and Landlord - Tenant for Texas on
Q: Can you record a person without them knowing?

If I'm on the phone and use another device like ipad to record conversations, do i have to let the other person know I'm recording them and can I have a recording app on my phone to record my conversations?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Apr 3, 2022

In Texas only one person has to know that you are recording

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Lease was up. Never went in to sign a new lease. Behind on rent due. Got Eviction notice

Called and talked to her have done a promise to pay before said she don't do that when I have done it before. Told her I was waiting on taxs due to losing job thought they would have came in by the day I said but the did not. Can i still get evicted if I never signed a new lease? And would she... Read more »

Leroy Scott
Leroy Scott
answered on Apr 3, 2022

Yes, a landlord can evict a tenant even after the lease has expired. Without more information, it's hard to answer the second question about the date being wrong.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Yes I was hit in by a taxi cab in the crosswalk I want to know what my liability factors are against the tab company
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2022

I hope that you are not seriously injured. Since most injury/accident lawyers will provide you a free, complimentary consultation, I would recommend that you go straight to that route-----use the Find a Lawyer tab and search for injury/accident lawyers in your area, contact a few and meet with... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi my friend had my 4 wheeler & one night his landlord changed locks & is holding my 4 wheeler as ransom until he pays

My friend’s landlord is holding my 4 wheeler & other items until he pay for breaking lease. Can he hold my property??

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

No, the landlord has no authority to hold property belonging to someone else. Go show him whatever documents you have showing that the 4 wheeler belongs to you, and pick it up. If he won't release it, you can sue for conversion - small claims court will have jurisdiction over claims of less... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Texas on
Q: Harris County TX.non-relative squatting in Deceased Parents house.How can I kick him out & Charge back rent?

Mother died 2019. No will or executor of the estate.

I started Probate (June 2020) on her estate because of the obvious fraud and concealment taking place by Stepdad.

Stepdad died in August 2021. So far the probate has gone nowhere, because the attorney I hired was either... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 16, 2021

The status of the probate case is not clear, but before anyone can do anything with the house, two things have to happen: 1) There must be someone appointed to represent the estate - if there's no will, that means you need an administrator appointed. 2) The administrator would have the... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: landlord says I did not pay rent, I have the M Order receipts I gave him, additionally Im beneficiary of a fed program

of rent relief which covered 8 months, plus 7.5 months I paid, LLrd refuses to provide one single receipt. He is using dubious accounting practices. bottom line all included I must have covered about 15 months of rent & wants me to start paying again in January 2022, lease is expired and he did... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 14, 2021

You should Always keep your own records. If you think the landlord is not going to credit all your payments, that's a really good reason to start gathering your own records.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it standard for a landlord to raise the deposit when the lease is being renewed

Yes their are repairs that need to be done..but i feel those are thing the landlord should fox like the water does not come out the tub or sink in 1 bathroom and the ceiling fan in the living room went out and these things have been broken for years

Teri A. Walter
Teri A. Walter
answered on Dec 14, 2021

Most won't do it, but renewing a lease is entering into a new contract. With a new contract, everything is up for negotiation. Of course, the deposit does not apply to the repairs; it applies to cover damage to the property by the tenant.

Look here for a detailed description of how...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I had an an attorney send me a demand letter stating I had 3 days to give them money

So details ( I’m not delinquent on rent) I have a friend who had kidney disease and was on dialysis. He couldn’t work and was on his death bed. I took him in and made sure he went to his appointments and he was on disability but it barely covered anything. His dialysis clinic let him know of a... Read more »

Teri A. Walter
Teri A. Walter
answered on Dec 13, 2021

Your rights are limited to the terms of the lease you signed. The fact that the manager may know that your friend is there doesn't change the terms of the lease.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I get some guidance on my current situation making payments on a rent to own property?? The landlord is about to put

The property up for auction, but I think the house may have accidentally been put in my name.

Teri A. Walter
Teri A. Walter
answered on Dec 6, 2021

I do not know how a property would be "accidently" put in your name, or how anyone could sell property (by auction or otherwise) that they had already transferred to someone else. Take your contract, payment records and any notices you received to a lawyer for review.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Do I still have to pay my rent if my landlord isn’t upholding the lease agreement?

Not supposed to have anyone staying with us, but my roommate does. And the microwave has been broken for months

Teri A. Walter
Teri A. Walter
answered on Dec 6, 2021

The short answer is yes, you have to pay rent. Your obligation to pay rent is separate from your landlord's obligation to do repairs, and if you don't pay your rent, you'll get evicted.

There are procedures that must be followed to complain about the failure to do repairs,...
Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Yes i just need a little advice.i broke my ankle when i step on the back step that caved in.i got pictures.

I told landlord what happen? he said the place was ready but it was not.the pipes were busted the tolite was leaking its all unlevel no smoke alarms i fix it all after waiting on him to show which he never did.know he took me to court for eviction on 23november.i got approved for texas rent refile... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I can't speak for the landlord-tenant aspects of your matter, but on your ankle, you could reach out to a personal injury attorney to discuss in further detail. You could search for attorneys in your area on your... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I've been dealing with my landlord for nearly 4 months to get rid of mold in the house. Can I start to withhold my rent?
John Cucci Jr.
John Cucci Jr.
answered on Nov 10, 2021

Each landlord has different leases. Each lease has its own language and the lease rules on most issues, including habitability to some extent. Texas Property Code section 92.056, explains the terms and conditions that a landlord and tenant may agree to, regarding the health and safety of the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: Need help i only have 1 day to make an appeal for eviction i only have 1 day to move or make an appeal

Do i need to get a lawyer to make an appeal or i can do it my self Need help i only have 1 day to make an appeal for eviction i havemt been available to find a place to stay do i need a lawyer to make an appeal or i can do it my self i have kids and cant find a place to live and in the court they... Read more »

Jonathan Tanaka
Jonathan Tanaka
answered on Oct 25, 2021

Yes, if you're unsure with how to go about the appeals process, I would strongly recommend that you reach out to an attorney and set up a consult as soon as possible. They will be able to review the eviction order with you and advise you as to how to best proceed. I wish you all the best!

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