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Texas Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Arbitration / Mediation Law, Collections and Landlord - Tenant for Texas on
Q: What are my options for dealing with a bad roommate in Texas?

My roommate is taking advantage of me. For context: we are cotenants, we do not have a written roommate agreement in place, only verbal agreements as follows: Rent would be split equally between us with the exception of his pet rent of twenty dollars, groceries, and cleaning of the place would be... View More

John Michael Frick
John Michael Frick
answered on Dec 16, 2024

If your landlord is willing, you might consider a "friendly" eviction suit in which your landlord evicts you and your roommate from the premises and then relets the premises to you alone assuming that you have the financial ability to pay the rent and utilities alone.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord hold my deposit after I moved out if another roommate damaged a gate?

Me, my wife, and her sister Rented an apartment in laredo, TX. Me and the wife moved out 3 moths before the incident. The sister, Ruth was moving into another apartment and accidentally clipped a gate and damaged it with a uhaul trailer. The landlord already cleared the apartment is claiming that... View More

John Michael Frick
John Michael Frick
answered on Dec 12, 2024

Your landlord can deduct the damages to the gate from the security deposit, but is obligated to refund the difference.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: In Texas can your residential landlord of an apartment complex fine you for thing outside of your lease?

EX: I received a lease violation and was fined for items on my patio. Nothing in my lease stated anything regarding items on a patio.

In Addition, I reported my landlord to the City of Austin about an ongoing 8 month German Cockroach infestation in my unit because they refused to provide... View More

John Michael Frick
John Michael Frick
answered on Dec 10, 2024

Your landlord can only "fine" you in accordance with your agreement. The reason doesn't necessarily have to be in the Lease itself. Often, tenants sign documents agreeing to be bound by a landlord's rules and regulations. Sometimes, that agreement is in the Lease itself;... View More

0 Answers | Asked in Landlord - Tenant for Texas on
Q: Can I add to eviction petition while in court?

I filed an eviction for unpaid rent for the month of November 2024. December rent is also now due and unpaid. My question is: when I am in front of the judge can I ask him to consider unpaid rent for December right then and there or am I required to amend the petition before going to court to show... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I signed a lease online with the residence in Michigan (but I lived in TX) what state should I get an Attorney?

I was coerced by my soon to be fiance, who then suddenly broke off our relationship, after I signed the lease. I don't want to be held financially liable. He never picked up the keys and never moved in...just left things hanging. I've made multiple attempts to ask to be removed from any... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Your obligations to the landlord under your lease are most likely governed by Michigan law, so you need to consult a Michigan attorney with respect to any rights or obligations you have under that lease. Commonly, you will remain financially obligated to satisfy all the terms and conditions of the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does my previous landlord have the right to keep my possessions

Previous landlord did not give me access to my property after the constable served the execution of written and will not give me back my property.

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

No a landlord does not have the right to "keep" your possessions. A landlord does have the right to discard possessions abandoned by a tenant at the premises when a writ of possession is executed. A tenant has the right to remove their possessions before the writ of possession is... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue my landlord for hotel cost reimbursement

The drain in my shower backs up with gross black stuff making it impossible to shower. I've told my landlord about ur for a month now. He's sent out 4 plumbers, all of them say the pipes have to be replaced, yet he still isn't replacing them. I've had to get hotels in order to... View More

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

That likely depends upon the terms of your lease agreement. Many leases include an agreement that the tenant will not sue the landlord for certain types of things. In particular, in your case, the cost of paying for somewhere else to shower would by an "incidental or consequential"... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is it against the law to rent a apartment in Texas if there is no locking mechanism on the front door and no smoke alarm
John Michael Frick
John Michael Frick
answered on Dec 2, 2024

Yes. As a tenant, you have remedies under the Texas Property Code if your landlord has not provided both a smoke alarm and a locking mechanism on the doors. You should give the landlord written notice in the form specified by your lease agreement to install both a smoke alarm and a locking... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Texas on
Q: What if I get locked put of my apartment of an intruder committing intrusion The deadbolt lock to my apartment has nokey

My claim iam an illegal alien living a life of compliance in lubbock texas

James L. Arrasmith
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answered on Oct 20, 2024

If you find yourself locked out of your apartment because of an intruder, your safety is the top priority. First, ensure you are in a secure location away from any immediate danger. Call 911 to report the intrusion and let the authorities handle the situation. They can provide protection and help... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Texas landlord will not give back rental deposit/pet deposits after 60 days, but we never received a lease renewal

My landlord will not give us back our rental and pet deposits even though it has been over 60 days since we moved out of our rental house. However, I'm not sure what legal ground we have considering even after asking multiple times, our landlord did not provide us with a renewed lease for the... View More

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

You can sue the landlord in small claims court under Section 92.109 for retaining your security deposit in bad faith. Potential damages include $100 plus 3X the portion of the deposit wrongfully withheld plus attorney fees (however, you do not need an attorney in small claims court).

1 Answer | Asked in Consumer Law and Landlord - Tenant for Texas on
Q: Who do I get to help me to make my landlord from the apartment complex go over her ledger because they're charging to mu

Charging me too much for late fees they have their computer that is not updated and they keep on charging and charging

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

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
PREMIUM
James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I got rental assistance from a church. The check takes 2 weeks to mail. Can they still evict me or make me pay?

The property manager is the one who told me to call this organization to help. She is telling me now I have to balance or she will file for eviction. They have already mailed the check out. She just hasn’t received it.

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

A landlord can evict a tenant if the tenant fails to timely pay rent as agreed in the parties' lease agreement.

2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
James Clifton
PREMIUM
James Clifton
answered on Sep 25, 2024

Apartment owners can be held liable if their employees neglect to lock pool gates, leading to an injury, based on principles of premises liability and negligence in employment.

Apartment owners have a legal duty to maintain their property in a safe condition, which includes securing pool...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it unlawful lockout if a landlord locks us out as we are moving? We are paid up completely. Owe him nothing.

We have made repeated attempts to arrange a time only to be ignored. We have conversations in writing stating that he doesn’t want us to get our stuff.

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

It depends on whether your lease has ended and whether you have vacated the premises. Generally, absent an agreement to the contrary, if you or your landlord have ended your lease, you have until the last day of your lease to remove stuff, and anything left after that date is usually considered to... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have a residential house under contract for rent, executed effective August 1, 2024, the applicant was through Zillow,

I have a residential house in Calera, Alabama, under contract for rent, executed effective August 1, 2024, the applicant was through Zillow.

The tenant defaulted on the rent for September 1. Phone calls and text messages were sent but she failed to acknowledge and respond to either through... View More

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

You will need to follow Alabama eviction law. In Texas, an email notice to vacate would be ineffective. A landlord must deliver written notice to vacate in the form required by the Texas Property Code. Most other states have similar, albeit not identical, requirements. Whoever oversees your... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment managers will not give me a receipt for a cashier's check which pays for rent. That is their rule what do I do
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2024

The good news is that the cashier's check usually has a stub attached, which is good proof you paid. What's more is that, your cashier's check should be cashed against your bank account, so your proof of payment, and the identification of the person or business who deposited the... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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