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Questions Answered by Teri A. Walter
1 Answer | Asked in Landlord - Tenant for Texas on
Q: We paid a deposit but haven't signed lease yet. Is deposit refundable? We don't want to move in now because of repairs.

The landlord and owner are unwilling to make repairs that are needed and also the listing of the house was for $2,000.00 per month but they want to charge $2,100.00 per month. Is our deposit refundable?

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

If you have not signed a lease, then it doesn't sound like you have a deal, and should not be paying a deposit. If there is no lease signed, and you have not even reached an oral agreement (there are still issues about the amount of rent and repairs to be done) then any deposit you've... Read more »

2 Answers | Asked in Cannabis & Marijuana Law for Texas on
Q: Is it illegal to give my friend Bitcoin money for drugs

My friend wants me to give them Bitcoin in order for them to buy drugs online. I will not ever see these drugs or partake in them, I would simply just give the money to my friend so that they can buy drugs online. Will I get in any trouble for doing this?

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

There is no valid reason to do this. Make your friend buy their own drugs, with their own money.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I got evicted due to someoneacting out of emotions and retaliation. How can i fight this to standup for what's tight

Bring evicted is due up me using chain of command and spokewith owner to resolve conflict with manager and due to calling him she's evicting us

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

A dispute with the property manager won't be enough to evict you. I suspect there is more to the situation, but without knowing the basis of the eviction and more facts, it's impossible to say what defenses you may have.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: how do I buy out my brother on a home that is inherited with a mortgage. His share is 12.5 % in Texas
Teri A. Walter
Teri A. Walter answered on Jul 14, 2021

First, you get an agreement from your brother about the value of his interest. Then have a deed prepared by a lawyer, and pay your brother for his interest in the property.

1 Answer | Asked in Criminal Law and Agricultural Law for Texas on
Q: Friend ask us to watch their dog. We returned the dog home and put the dog in the backyard. Is that animal cruelty?

As, they told us they would be home in 10-15 mins so we told them we put the dog in the backyard with his things and water. Told them we had to get going because it was late. They are now saying since we put the dog in the backyard that it’s animal cruelty and their going to call the police on us.

Teri A. Walter
Teri A. Walter answered on Jul 8, 2021

On the facts stated, there is no animal cruelty.

1 Answer | Asked in Real Estate Law for Texas on
Q: Other than marriage, how can I bequeath my property to a individual without it costing them an inheritance tax /probate
Teri A. Walter
Teri A. Walter answered on Jul 8, 2021

For avoiding estate taxes, leave less than $11.7 Million in your estate, (the current minimum value of estates subject to the tax).

For avoiding inheritance taxes, leave property to a beneficiary in a state that does not impose inheritance taxes. Most states, including Texas, do not have...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: How long does a landlord have to make repairs

I submitted work orders June 15th. Maintenance man came out to inspect AC. he said he needed a part and has yet to show up.

Teri A. Walter
Teri A. Walter answered on Jul 7, 2021

Seven days is presumed to be a reasonable time. Unfortunately, due to COVID shutdowns, there are lots of problems getting parts in lots of different industries, so everything is taking longer.

Look here for the procedures that will allow you to do the repairs yourself and deduct the cost...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apt landlord never told me I had to sign vacate document. And they accepted my keys. But now saying I owe 60 days rent?

They never told me I had to sign anything. I gave them notice. They also accepted my keys. I’m not longer in Texas. They are now emailing me saying I owe them 60 days rent and they cannot accept keys before hand yet they already did.

Teri A. Walter
Teri A. Walter answered on Jul 7, 2021

You may want to send them a copy of your notice, along with written confirmation of when the keys were turned in. Hang onto a copy of the lease, your notice, and evidence of paying rent, as you may need these to defend a claim against you for the unpaid rent.

1 Answer | Asked in Consumer Law and Civil Rights for Texas on
Q: Can my daughter be excluded from an ALL WELCOME soccer camp?

Mid year, I withdrew my daughter from a private catholic school in Texas. I did so for personal reasons that didn’t involve her behavior or conduct. I enrolled her in public school and she finished the year with straight A’s. Early June I received an email from the schools soccer coach inviting... Read more »

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

Private entities, like the school, can invite or disinvite whoever they want, for good reasons or bad.

1 Answer | Asked in Wrongful Death for Texas on
Q: I do not want to died before of my time and any "Fire department worker" told me after to see me in the grave while .

After the Woman'Black try to kill me and the light green for walker how me it time next to at Shelter of Dallas Bridge 75201 and almost in front of department of Fire ; he told me: I was able to look fine and they never to put me any in my neck and it is to hard stilling now since 10/28/2020... Read more »

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

Sorry, your question is undecipherable. However, I can tell you that you do not have a claim for your own wrongful death, because you are still alive.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does a extended stay hotel have to evict you in court if you been there 6 yrs?
Teri A. Walter
Teri A. Walter answered on Jul 6, 2021

No. people staying in hotels are guests, not tenants, and do not acquire any additional rights just by being there for a period of time.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: Ownership of Dog?

I foster (now used to foster) for a 501c3 dog rescue group. A dog was posted that needed a foster and I went and picked up from the ex-owner that was surrendering her. HOWEVER, the surrender form was never signed. The rescue wanted to give it to another foster that I did not believe it was the best... Read more »

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

On the facts stated, probably the original owner is still the owner. Paying for veterinary care doesn't change the ownership.

1 Answer | Asked in Animal / Dog Law for Texas on
Q: If I sold someone a dog and we agreed on payment every 2 weeks and payments are not being made on time but once down to

If I sold someone a dog and we agreed on payment every 2 weeks and payments are not being made on time but once down to last $350 payment doesn't pay on date agreed upon can I get the dog back

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

It depends on the terms of the agreement, but without a written agreement that gives you a security interest in the dog to secure payment, you can't. Your only remedy would be to sue in the Justice of the Peace court for the unpaid balance.

1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: Texas Dps has not fully opened since Texas ended covid restrictions. Need drivers permit before app date can't get it

Was given an appointment for sept 23 and I'm trying to teach my son to drive before he leaves for school in August. I'm unable to sit and wait hours because of my job How is everything else open but public service

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

Everything is open except "public service" (aka government jobs) because they make the rules. Welcome to government. You can teach your son to drive without them, but you'll need to deal with DPS to get him a license. The good news is that if he's old enough to drive,... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: How much life estate is the surviving spouse is entitled to?

There is two properties. One where the diseased reside and the other on county road where he had a business. Is the surviving spouse entitled to life estate on both properties?

Teri A. Walter
Teri A. Walter answered on Jul 2, 2021

As with most things, it depends.

If the deceased person was married with children, And the real estate is separate property, Then the surviving spouse gets a life estate in 1/3 of All the separate property real estate.

If the real estate is community property, And all the children...
Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My husband gave my dog away, while we were on our honeymoon.

Na

Teri A. Walter
Teri A. Walter answered on Jul 1, 2021

While giving the dog away was wrong, apparently this person has had the dog since 2009 - 12 years, or most of the dog's life. Get a divorce or don't but I think the time for arguing about who has the dog has long passed.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Probate and Estate Planning for Texas on
Q: I have a home on my grandmother's property that was left to be inherited by my mother and aunt equally. What happens?

Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Yes I understand you need to speak with a family lawyer see how do I go about trying to get help with pressing charges

The person is my daughters aren't I already have file two police reports and she's currently doing thingsI

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

If she's doing things that are a crime, you start by calling the police. The District Attorney will determine whether charges will be filed.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I appeared in civil court yesterday I was being sued over a motorho.e that was left un attended for over 8 months I won

that case the judge dismissed it only to come home and find a three day evitction notice taped to my door from the same attorney what do I do now

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

It's not clear how the cases are related, but if you've gotten an eviction notice, you're going to want to 1) plan on moving, 2) see if you can work things out with the landlord, or 3) go to court to try to fight the eviction. Your description does not provide enough information to... Read more »

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Can my Ex wife use car awarded her in divorcebut still in my name until paid off to claim for her LLC roofing business ?
Teri A. Walter
Teri A. Walter answered on Jun 28, 2021

If she was awarded the car, she can use it for any purpose she wants, even if the lender won't allow a change on the title until the loan is paid off.

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