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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: My ex-girlfriend and I have lived with my father for the past year. My father wants my ex-girlfriend to move out.

My father owns the house and is ok with me staying. He no longer wants her to stay there. What can he do legally?

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

He can evict her.

0 Answers | Asked in Criminal Law, Estate Planning, Landlord - Tenant and Probate for Texas on
Q: My son died in his apartment 15 days ago and we discovered today that some property has been stolen since then.

We are in Texas. My son passed unexpected in his apartment on February 8, 2024. We discovered today when packing his property that several items are missing. Due to the nature of his death, crime scene photos were taken. We have verified with the police that the missing items are pictured in the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have any recourse if the apartment management will not make any agreement for me to terminate lease early?

We want to purchase a home, and the closing date is 30 days from time of agreement, but rental lease calls for a 60-day notice. Management also will not make any conciliations apart from terms of lease, such as converting to a month-to-month lease rather than a term lease. We need to terminate our... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

If your lease allows subletting and you can find a will subtenant, you may be able to sublease your apartment for the remainder of your lease term.

You may also consider postponing your closing date.

You may also consider short-term leasing of your home such as through VRBO or...
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1 Answer | Asked in Small Claims and Landlord - Tenant for Texas on
Q: Can I sue my ex for keeping my possessions and not allowing access after wrongful eviction/writ of possession

I need to know if I have any grounds to be able to sue my ex boyfriend for both A.) wrongful eviction & B.) not allowing me my possessions, and then after being granted the eviction & writ-(due to the fact that he had the papers served to his place, and I never got any of them) he then... View More

John Michael Frick
John Michael Frick
answered on Feb 22, 2024

In order to state a claim for wrongful eviction, you will need to plead and prove you were evicted based on your race, sex, national origin, disability or family status, or that the eviction was in retaliation against you for filing maintenance requests or complaints about the condition of the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: What does it mean by "no longer have available lease space for the next year"?

I have lived in my current apartment in Texas for about three years. It's been a 12-month renewal for the last two years, but I was offered 11 months this time. They said they couldn't offer a 12-month lease because they no longer have spaces available for more leases for the next year,... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

The phrase "no longer have available lease space for the next year" is not a legal term and has no specific legal meaning.

Many apartment communities that work on a leasing grid want the number of renewals (and therefore number of possible move outs) to be even across every...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: The owner wants only verbal lease - nothing in writing for his house I want to lease for a year in texas, is this Ok
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The Texas statute of frauds only requires a lease to be in writing if it is longer than one year. So you legally can lease a house for one year without a written lease.

It may not be the smartest thing to do. Usually it is best for the landlord and tenant to put into writing the substance...
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0 Answers | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Would it be ideal to pay an attorneys fee for a demand letter that we are needing to send to a past landlord?

Our previous landlord is part of an investment company. They invest in properties. We had made a negotiation to end our lease early due to the home not being livable per say. Incidents kept happening with he home and the landlord agreed to let us out early. Come a few months later, we are sent a... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: How to claim for remaining months rent from tenant who has done early lease termination?

I am a landlord in Dallas, Texas. I had a tenant under 18 months lease agreement starting November 1st 2023 to May 1st 2024. The tenant paid $7500 cash before moving in. $7500 included first and last month rent (rent was $3500 per month) and $500 security deposit. He did an early termination from... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

Since the amount involved is under $20,000, you should file a small claims case against him in the JP court for the precinct where the property is located.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: If you rent a townhome in Texas, the sliding glass door has been broken since October, really before, you notified them

In Oct 2023, and other problems. They said they cannot afford to fix. Can I get out of early lease termination!

John Michael Frick
John Michael Frick
answered on Feb 14, 2024

Sections 92.056 - 92.0563 of the Texas Property Code outlines the procedure to follow if the landlord is responsible for the repair of the sliding glass door under the terms of your lease. Follow that procedure exactly.

Until the landlord makes the repair or use exercise one of your...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Mom and ex girlfriend are in a lease but mom doesn’t live there. Does mom still have rights on who can got or be there
John Michael Frick
John Michael Frick
answered on Feb 13, 2024

When property is leased to two individuals, each individual has the right to possession of the premises and can independently allow guests to enter and remain on the premises as long as doing so does not violate an express term of the lease.

0 Answers | Asked in Landlord - Tenant for Texas on
Q: I haven't received my security deposit and it's been 30+ days. Do the days the check is in transit count?

I am at my wits end with them my old landlords and I want my security deposit back. They both are negligent and immature. How do I get my security deposit without depending on them?

1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Water is allocated @ property & management is knowingly letting non tenants use & charging tenants.
T. Augustus Claus
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answered on Feb 7, 2024

In Texas, if property management is knowingly allowing non-tenants to use water that is allocated for the property and then charging tenants for this usage, it may be considered a violation of the tenants' rights under Texas law, specifically regarding utility billing and the allocation of... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Been in rv park in breham tx It has been paying on the 6th for 10 months. Under motel laws what are my tenants rights

I have been paying monthly for 8 months in the motels laws of Texas it states that after 30 days you are conceder a tenant and must be evicted

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The answer to your question depends on whether you are a tenant or guest under your contract with the RV park. The question of whether RV occupants are tenants or guests is an important one and depends on the circumstances of the occupancy. In Texas, most RV parks operate like apartment complexes.... View More

0 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Contracts for Texas on
Q: Water or pipe leak in apartment? is tenant responsible due to late reporting OR land lord responsible?????

Hello,

I am a tenant in one of the apartment units in DFW area. There was water leak from ceiling and walls in bathroom and closets when i was out travelling (not in apartment/home).

I noticed the leak and reported to leasing office immediately after returning from my travel but... View More

0 Answers | Asked in Landlord - Tenant for Texas on
Q: I am a landlord in Austin TX. My tenant gave me 2 weeks written notice and moved out 3 months early with no valid (milit

(military etc) reason , and no breach on my part.

The lease holds the tenant responsible to continue to pay rent until her lease is up, or I find another tenant to take her place.

I plan to use this tenant’s 2 months worth of deposit plus last months rent payment, to pay... View More

0 Answers | Asked in Landlord - Tenant for Texas on
Q: If ur renting but no lease on paper and have issues with landlord doing while renting. A lot to text and answers I need

Utilities issues and he had added electricity back house thru my house I have problems now and I don't receive my light bill on a timely matter since it's in his name due to his mistake and the utilities wasnt part of the rental

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What happens after a stay is lifted (Apartment eviction)?

Hello,

Due to financial issues, I'm in an eviction process. I filed for chapter 13 which granted me a stay. The apartment management lifted the stay at a hearing on Jan 10th. I was given 14 days to move out. I plan on moving but finances and time are making it immensely difficult. the... View More

John Michael Frick
John Michael Frick
answered on Jan 25, 2024

It depends on where you are in the eviction process. If a writ of possession has already been issued by the court, the constable will customarily serve the writ and give you 24 hours to remove your possessions from the premises.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: Mental harassment by flatmate

My flatmate has been mentally harassing me. He pays utility bills but is not willing to share the account details with me. Our apartment complex charges us for internet but he has the Xfinity account under his name. He is not willing to share that as well. He also does other stuff like throwing... View More

James L. Arrasmith
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answered on Jan 21, 2024

In your situation in Texas, dealing with a difficult flatmate can be challenging, but there are steps you can take to address the issues you're facing. Firstly, try to communicate with your flatmate calmly and express your concerns about the shared expenses and his behavior. Attempt to reach... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I signed a lease via docusign. The entire process was handled by the landlord's representative. I have 2 ESA dogs.

The landord is now aware of the dogs and is threatening to either absolve the lease or change it and increase the rent by $200. Can he do that?

T. Augustus Claus
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answered on Jan 18, 2024

In Texas, if you have signed a lease via DocuSign and have two emotional support animals (ESAs), the landlord is generally bound by the terms of the lease agreement. The landlord's representative handling the process and the use of DocuSign are common practices in modern leasing transactions.... View More

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