Our tenant had rent due on March 16th and did not pay. He then told us he would pay on the 24th. On the night of March the 24th he texted and said he would be moving out by the 26th at 5pm and we could meet him for the keys, but when we got there he was still moving things out. He then asked for a... Read more »
answered on Mar 31, 2023
It depends on the language of your lease agreement with the tenant. Most leases contain a provision similar to the following:
" If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property... Read more »
Can a previous owner’s forcible detainer, just be picked up by a new owner and continue with the process or does new owner need to start a new eviction process?
answered on Mar 28, 2023
The new owner can substitute in as the plaintiff and continue the pending suit
Was a $500 deposit for my pet. Now they claim I have a violation and the $500 was a security deposit based on credit. I have excellent credit. Over 700. That doesn't make sense. Please advise
answered on Mar 23, 2023
Typically, a pet deposit is memorialized in either the lease or a separate Pet Addendum to the lease. In any event, you should have some documentation from the person to whom you gave the $500 that it is for a pet deposit. Worst case scenario, your check or other payment of the $500 should... Read more »
code inspection for the city came to my place of residence were I am renting and found violation to be repair cause of unsafe living condition. So the officer told my landlord to fix all repairs on the 4 units .so the inspector came didn't even step in to the property just look in and said I... Read more »
answered on Mar 22, 2023
Suing the code compliance officer will be expensive with a low probability of success.
Your better option is to sue your landlord if it is responsible for the needed repairs under the terms of your lease agreement.
You might also consider following the procedure set forth in the... Read more »
I have items properly stored with safety caps away from heat source. I use them for catering and emergencies. I’ve been here for 3 years and nothing was said during any past inspections. Items have been in the same place the entire time. Now she is claiming it’s a violation of my lease.the... Read more »
answered on Mar 15, 2023
No, a landlord cannot arbitrarily determine what is flammable.
Materials that are flammable generally will bear a warning label indicating they are flammable. Look on a new package of the product itself to see if there is a warning that the material is flammable.
We was sent eviction papers soon as lease expired we was not late on rent after they filed eviction. Failure to pay lot rent we are buying the home.renting lot sits on in yes communities worlds largest manufacturer community parks for lower income families chance to for them to take advantage... Read more »
answered on Mar 11, 2023
It sounds like you may have a case for fraudulent eviction and other legal issues against Yes Communities and possibly 21st Mortgage. In order to file a class action lawsuit, you will need to find other tenants who have experienced similar issues and are willing to join the lawsuit. It's... Read more »
So I get a bill of over $300 for the guy to come down and just unclog the toilet I never authorized them nor did I asked him to call Black plumbing the management called black plumbing am I responsible for the bill I'm on disability
answered on Mar 10, 2023
The answer to your question depends on what your agreement is with your landlord as embodied in your lease.
It likely also turns on what caused the clog. If the clog resulted from stuff flushed down the toilet in your apartment by you or your guests, it is probable that you are responsible.
Unsolicited repairs and improvements?
answered on Mar 10, 2023
Absent language in your lease to the contrary, a landlord cannot terminate your lease early for repairs unless the repairs needed are to address a dangerous, hazardous or safety issue. Typically, a landlord should make other arrangements for your housing while repairs are made. You should then be... Read more »
What is owed if you file a small claim and lose?
answered on Mar 3, 2023
It depends on the nature of the claim. In some cases, the defendant may recover its attorney fees. In others, the defendant may assert a counterclaim for its own damages.
But typically, each party’s claims and damages stand and fall on their own merits. If your damages are $20,000 and... Read more »
It is said in the tenants rights that if the issue isn’t fixed in 7 days that you are allowed to break your lease. Which means that I do not have to pay a broken lease fee plus termination. Correct?
answered on Mar 2, 2023
You would need to carefully review the terms of your lease to determine if an early termination fee applies in this circumstance.
If you can’t understand your lease, schedule a consultation with a lawyer who practices residential landlord-tenant law in or near the county where the... Read more »
The lease has a 60 days termination notice. Does that have to be paid to break the lease due to a landlord issue? What should I do?
answered on Feb 27, 2023
If you have a written lease, then you need to read it---there should be a section which discusses under what conditions the tenant (and/or the landlord) has the right to obtain early termination without penalty. If the section is difficult to understand then you may want to contact a lawyer for a... Read more »
We have been harassed, attacked, threatened, filed false police reports on us, kept disconnecting our power and cut off our air conditioning in the middle of summer with my new born premature son in the apartment. They threatened to harm him and the list goes on. We had to get an emergency... Read more »
answered on Feb 27, 2023
You should contact a competent attorney with experience in residential landlord-tenant law in or near the county where the premises are located.
Most provide an initial consultation for a reasonable price. Such an attorney should be able to tell you if you have a valid claim and can tell... Read more »
Under my name without my consent while a credit freeze was placed in credit reports?
answered on Feb 23, 2023
Absolutely . But it may not be necessary.
Send the leasing company a letter demanding that it acknowledge that it allowed some to open a lease in your name without your consent and cc the landlord on that lease. Detail the evidence you have that the leasing company knew it wasn’t you... Read more »
He is bipolar and head injured and also has issues with memory, verbalizing, motor skills and mobility. He simply is physically unable to vacate in so little time. Is this permissible given his disabilities?
answered on Feb 21, 2023
Your best recourse is to report the facility to APS (Adult Protective Services) on your friend’s behalf.
You may also want to consider seeking to be appointed as the guardian of your friend’s person until he/she has recovered enough to take care of themself.
answered on Feb 17, 2023
It depends on the language of your lease agreement with your landlord.
Although MTM fees aren’t common in Texas, this would be a typical situation where such a fee would apply since you are holding over beyond the end of your lease term.
After the first lease expired, my daughter signed an addendum with property management, but without my signature. Can you tell me if this is legal for the property management to hold that as a binding contract when I didn't sign anything for the new lease that started in Aug 2022. The property... Read more »
answered on Feb 12, 2023
It depends on the language of the original lease and guaranty you signed.
Some give the Landlord and Tenant authority to renew, extend, or modify the terms of the lease without the express agreement of the guarantor.
You almost certainly don’t have the right to terminate the... Read more »
answered on Feb 11, 2023
You will be allowed to move without being responsible for rent during that portion of your lease after the taking by the state.
Landlord will not give rent that was paid in full back or deposit and sold my things that were not damaged in the fire and he changed the locks so I was not able to get my things out.
answered on Feb 10, 2023
Yes, you can sue your landlord but your renter’s insurance company will likely be subrogated to your recovery.
You really need to carefully compare any damages you can recover from your landlord to what your renter’s insurance claim included already to determine if it is worthwhile to pursue.
Residing in San Antonio, TX, but our rental agency is in Houston, TX. We were given a warning, so I reached out to the violations office to try and get a resolution. The only response I received is a screenshot of the community guidelines that are posted on their website. After a few emails of... Read more »
answered on Feb 9, 2023
You, along with other tenants, may file a suit for declaratory judgment asking the court to declare that you do not owe the fine because the regulation the landlord says you violated is on its website but is not one of the regulations included in your lease.
You should also include a... Read more »
Just inherited an old rental property that has had a couple living there for decades. There is no current official contract, and we told the tenants we would keep the payment agreement that was set in place before former owners passed away. After recently visiting to make repairs, we discovered... Read more »
answered on Feb 7, 2023
Has the property already been transferred to your name as owners? I would have the property inspected by a reputable home inspector. At the very least I would get a a comparative market analysis and/or appraisal to see if you can pull out any funds to make the necessary repairs. If you are... Read more »
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