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Questions Answered by Teri A. Walter
1 Answer | Asked in Real Estate Law for Texas on
Q: I have a issue for the rental properties, could you please help evaluate the case?

The problem is that the contract was from 3/1 /2020 - 3/31/2021 It was originally supposed to be for 12 months. The realtor agent, K, made a mistake on the contract, ending it at the end of March of 2021 instead of the beginning, making it a 13 month contract. I contacted the agent after I signed... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 15, 2021

I suspect that the lease agreement calls for monthly rent, paid in 6 month increments. Just because the lease is silent (if it is) on when other rent payments are due doesn't make it free. If that's correct, then I suggest you first sue the tenant for the unpaid rent, and find a new... Read more »

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: I want to be a part of Mr Lee Perry lawsuit against Wayne Christian Chairman of the Railroad commission of Texas ;

The case number is 20-20277

Teri A. Walter
Teri A. Walter answered on Apr 15, 2021

You can't unilaterally join a lawsuit. If you have a claim, you can bring your own claim, and maybe - if they're sufficiently related and the parties agree - you can get your suit consolidated with another one.

2 Answers | Asked in Employment Law for Texas on
Q: Can the salon I work for that gave me a W-9 require me to get LLC? They hired me as 1099 am I misclassified

They have a dress code I have a key but I have a set schedule that is when they are there and when a receptionist is there. I am also paid commission. I am afraid being LLC would hurt me tax wise vs just staying how I am because my write off have gone down since starting with them as I don’t have... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 15, 2021

No, they can't make you have an LLC. However, having one set up properly shouldn't change your tax situation, other than the fact that you'll need to start paying yourself by payroll, with withholding, and keep your business income and expenses separate from your personal income and expenses.

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1 Answer | Asked in Real Estate Law for Texas on
Q: I live near a property where the women who lived there passed away in August 2019. What happens if no one claims it?

She had no spouse, parents, siblings, or children. She does have 7 nephews/nieces. I want to get this property sold as I'm working on cleaning up my neighborhood. What can I do? Contact the nephew? What then? I know probate can take a while, but I don't think the extended family knows... Read more »

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

If you think the family doesn't know about the property, you may want to contact them. Maybe you could work a deal to buy the property, after either the probate of the owner's will, or an heirship proceeding to determine who should inherit her property.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: I live on a property with a man who is trying to do squatters rights. I live in a seperate trailer. He turned off part

Of my electric. I'm not sure he filled rights correctly either. How can I go about finding out and also is there a way to override his claim on the property.

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

You don't mention what your rights or claim to the property are, or for that matter, what the basis of the other person's claim claim is. Without knowing both, it's impossible to answer your question.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I have an aunt who is the executor to my grandfathers will (nonprobated) how can we change the owner of the deed?

Trying to transfer the deed to my grandmothers name because she is still living how do we do that?

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

The Only way to transfer title to your grandfather's property is to probate the will. The executor, when appointed by the court, will have authority over your grandfather's property, to dispose of it according to the will. Until that happens, no one has authority to sign anything at all... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My roommate shaved my dog without my consent, is there any legal action that can be taken?
Teri A. Walter
Teri A. Walter answered on Apr 13, 2021

This sounds like such an unusual and strange thing to do that I feel certain there is more to this story. However, on the facts stated, you have no damages. The fur will grow back. Although it would be an assault on a person, animals are property.

1 Answer | Asked in Business Formation for Texas on
Q: If I form a professional corporation in Texas can I use an assumed name and attach PA at the end?

I am looking to form a new corporation but I want to be able to use the designator of PA on my assumed name not necessarily on my official filed business name. Is that an option? I am a physician.

Teri A. Walter
Teri A. Walter answered on Apr 12, 2021

No. A "PA" means professional association. A “professional association” is defined as an association, as distinguished from a partnership or a corporation, that is formed for the purpose of providing the professional service provided by: doctors of medicine, doctors of osteopathy,... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog bit one of my neighbors . HOA wants her removed immediately and permanently. Can they do this without any notice?
Teri A. Walter
Teri A. Walter answered on Apr 11, 2021

Presumably this kind of problem is not addressed in your deed restrictions - if there is, that will govern. If not, there's a legal process that has to be followed to have an animal declared dangerous, and it will require notice to you and a court hearing.

1 Answer | Asked in Real Estate Law for Texas on
Q: As a seller, am I permitted to take my personal property such as tv brackets, shelves, curtain rods, hooks etc.

There is no non realty adendum and I was told I could take anything not attached to the house but the buyers atty is saying I cannot take the stove. My agent no longer responds to me

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

If it's permanently attached to the house, it's a fixture - meaning it's a part of the real estate - and should not be removed without an agreement to do so. The appliances are typically not permanently attached, but just plugged in, and are therefore personal property that can be... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Am I personally liable while working as an assistant to a property manager? What kind of lawyer should I consult?

I am working on the side for an out-of-state real estate investor for the past couple of months. He uses an LLC for all his properties. I do some admin work and showings for tenants.

A new tenant asked for a pic of my ID bc she was worried about scams. I covered up everything except my name... Read more »

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

You will always have personal liability for your own actions, no matter what agreements may be in place, and regardless of whether you are an employee or independent contractor. The landlord will also be liable for your actions taken as their agent, regardless of what agreement may exist between... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I live near a property where the women who lived there passed away in August 2019. What happens if no one claims it?

She had no spouse, parents, siblings, or children. She does have 7 nephews/nieces. I want to get this property sold as I'm working on cleaning up my neighborhood. What can I do? Contact the nephew? What then? I know probate can take a while, but I don't think the extended family knows... Read more »

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

Contact one of the heirs and let them know about the situation. They may want to sell or to use the property themselves, and will need to start a probate proceeding to be able to transfer title.

1 Answer | Asked in Uncategorized for Texas on
Q: I have been banned from the apartment complex where I worked for a resident. Is this legal.

my vehicle was towed and then the management falsely accused me of making a racial slur.

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

Yes, it's legal for private property owners to tell you that you're not permitted to be there, or to return.

2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: After signing the purchase contract for a new home the seller is now asking for about 50k more, Is this legal to do?
Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

It's perfectly OK to ask, and it's also perfectly OK for you to say no.

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1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I still have to give notice if i’m in between leases right now?

my lease expired on march 23rd 2021. Originally I had given a 30 day notice (what’s required per my lease) and was planning on moving to a new complex, but decided to retract my notice and just transfer units (switch from 1 to 2 bed). I have been waiting for over a month for my transfer request... Read more »

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

Your old lease expired, and you haven't signed a new one. For most leases, this means you're a month to month tenant. Check your lease to be sure. If that's the case, you must give a 30 day notice to terminate the lease.

1 Answer | Asked in Small Claims for Texas on
Q: If unmarried couple split who filed joint income tax together and one gets stimulus check can other sue for some money

In a civil court or is it just too bad until they refile their tax status

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

I don't know of any grounds for claiming half of someone else's stimulus check. But then, I also don't know of any grounds to file taxes jointly if you're not married, either.

2 Answers | Asked in Bankruptcy for Texas on
Q: I received a summons to appear in court because I am being sued due to failure to pay a debt.

I found out this was from years ago, and am I believe my ex wife opened the credit card and I was unaware of it. I gave an answer to the court and am now awaiting whatever comes next, not sure if I need to secure an attorney for an anticipated court date. ANy guidance and advice would be... Read more »

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

You may have a number of defenses - I'd start by looking at who signed the credit card agreement, and checking how old the debt is. What's next depends on where the case is filed. If it's in the Justice of the Peace court, a trial date will be next. If it's in County or... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: My mom is almost 80 and her memory is deteriorating. How can I get a POA?
Teri A. Walter
Teri A. Walter answered on Apr 5, 2021

While your mother is lucid, you can have her sign the Power of Attorney form in front of a notary. The Texas form can be found here:

https://hhs.texas.gov/laws-regulations/forms/miscellaneous/sdpoa-statutory-durable-power-attorney

Be sure to read the instructions to know how to...
Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: my landlord has given me until midnight to get out while cdc has been exstended through june and she has never filed ev

my landlord has never filed evection on me and also the cdc evection ban has been exstended through june. I have gotten rental assistance for ny past due rent, but she has given me until midnight to get my things out of my home. I have no where to go. what should I do?

Teri A. Walter
Teri A. Walter answered on Apr 5, 2021

The CDC's order is not absolute - it only limits evictions for non-payment of rent. Your landlord can still evict for other lease violations, and if you have a month to month tenancy, the landlord can terminate the lease, and then evict. Without knowing the basis of the eviction, no one can... Read more »

1 Answer | Asked in Divorce and Civil Rights for Texas on
Q: Got divorced in 2019,gave ex. special warranty deed to transfer land into his name, he has not done that.

he has not paid the taxes on the land and it is still 100% in my name as owner, Is there a limitation on getting it transferred, do I get to keep the land if I pay the taxes, to use as collateral or sale.

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

Presumably the divorce decree awarded the property to him, and then by signing the Special Warranty Deed you have confirmed that grant to him. Therefore, the property no longer in your name, no matter who the tax bills are going to.

If you want it back, you could buy it back a the tax...
Read more »

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