Lawyers, Answer Questions  & Get Points Log In
Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi, I currently rent an apartment. I am on my 10th month. I think the management changed. When I signed the lease,there

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

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue the code compliance officers for not doing their job responsibilities

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 »

John Michael Frick
John Michael Frick
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 »

0 Answers | Asked in Landlord - Tenant for Texas on
Q: Can you be relieved from paying fees to break lease due to a tenant unreasonably banging on the ceiling? (Texas)

Hello. I currently lease at an apartment on the 4th floor (highest level) and the tenants below me constantly bang on the ceiling when we simply walk around. We are not loud at all. We have noticed that the wood planks creak and this is probably what’s bothering the tenant—out of our control.... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord arbitrarily state what is a flammable material due to a vague clause in my lease agreement?

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 »

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: At this apartment for 3 years I called the maintenance people because my toilet was stuffed up they sent black plumbing

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

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord in Texas force you to move out before the lease is up so that they can make unsolicited repairs and impro

Unsolicited repairs and improvements?

Alisha Melvin
Alisha Melvin
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 »

1 Answer | Asked in Constitutional Law and Landlord - Tenant for Texas on
Q: Fraudulent eviction, deceit, manipulates judges have documents from several tenants at yes community file class action?

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
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 »

0 Answers | Asked in Landlord - Tenant for Texas on
Q: What is the legal formula for utilities allocation in San Antonio

I know rubs but there are several types of it I'm needing it for water, sewer, gas ,electric storm water, trash, pest control . My lease doesn't matter their in violations and we are awaiting a court date suing them and have a case with PUC against them currently. I need the actual... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: If you file a small claim and lose will you have to pay the defendant the amount that you requested?

What is owed if you file a small claim and lose?

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I legally responsible to pay a termination fee if my lease was broken due to the complexes rodent infestation?

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?

John Michael Frick
John Michael Frick
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 »

0 Answers | Asked in Landlord - Tenant for Texas on
Q: If I pay the reletting fee and two months over does my landlord legally have the right to still claim a broken lease?

Are landlords legally able to charge extra fees for a broken lease due to rodents?

0 Answers | Asked in Landlord - Tenant for Texas on
Q: If I pay the reletting fee and two months over does my landlord have to keep my name and credit history free?

If I pay a broken lease fee plus 60 days. Is my landlord still legally able to claim my name under a broken lease?

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I required to pay the 60 days of rent if the lease was broken due to rodent infestation? Or should I get a lawyer?⚠️

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?

Randy Bryan Ligh
Randy Bryan Ligh
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 »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I need to talk in detail to an attorney. There is so much they did illegally that we had a restraining order on them

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 »

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Consumer Law, Identity Theft, Social Security and Landlord - Tenant for Texas on
Q: I wanted to know if I could file a lawsuit against an apartment leasing company that allowed someone to open a lease

Under my name without my consent while a credit freeze was placed in credit reports?

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: A head injured friend was given 9 days to vacate a recovery facility no clear cause was given. Other than having potatoe

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?

John Michael Frick
John Michael Frick
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.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Hello If a resident gives a 60 day notice to move out 15 days beyond their lease end date, can they be charged a MTM fee
John Michael Frick
John Michael Frick
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.

View More Answers

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: My daughter lives in an apartment complex by university and I signed original lease as the guarantor.

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 »

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My landlords property is being taken by the state of Texas for highway expansion. What happens to us as renters?
John Michael Frick
John Michael Frick
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.