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Texas Landlord - Tenant Questions & Answers
0 Answers | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: If I've been indicted in tx on stalking and the indictment states on or about may 22,2021-july 27,2021 the offense occu

The statue of limitations is three years to indicted. The indictment was stamped july 11th 2024 will statue of limitations of three year dismiss the case.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am a landlord in the process of evicting a tenant for non payment of rent. We have done the legal process via the JP

Court and the County Court who she appealed to then rejected her appeal and sent it back to the JP Court. She has since filed for bankruptcy - can we proceed with issuing the Writ with the JP Court or because of her filing bankruptcy are we prohibited to filing the writ and having the constable... View More

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

The bankruptcy does not stay the issuance of the writ of possession.

0 Answers | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Texas on
Q: If landlord in Lubbock Texas rents by contract a residential 1 B room 1950 build home for 1 yr. with no occupancy cert.

Been homeless now over a year after fraudulent eviction tactics and illegal renting by contract for 12 months

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Do I have to move out by the specific time my landlord stated, when my lease doesn’t have a specific time?

My lease is up on July 31st, this month. My landlord sent email stating that I have to move out on that day by 12pm or I will be charged $200+ for a late move out fee. But, the thing is, in the lease there is no specific time, only the date, the 31st. She said they advertised that you have to move... View More

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

The landlord is incorrect. What matters is what is stated in the lease agreement, not what is stated in the advertisement.

1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

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

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

0 Answers | Asked in Landlord - Tenant for Texas on
Q: My landlord has not done anything i have texts to prove it.. Has not cleared his things,exposed wires, holes in floors,

Harassment, entering my home without permission, water is off he did not pay, i have 2 children in the home

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My lease is due in a month for renewal land lord told me I had 15 minutes to renew at a specific rate

New lease includes a $300 monthly increase I want to rent another place am I obligated to new lease which I signed under great pressure

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

If you signed a new lease, you are obligated under the new lease until it terminates.

0 Answers | Asked in Landlord - Tenant for Texas on
Q: I am moving into my apartment in August. The landlord is charging me for parking though I don't own a vehicle. Do I pay?

This is what my lease says about parking, "If renting a parking spot within the Apartment Community, you must complete the Parking Agreement attached hereto as Exhibit F and comply with all applicable parking rules set forth therein. All parking premiums that you agree to under Exhibit F, will... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Re: Chapter 24 - Forcible Entry and Detainer Section 24.0061. Writ of possession Does court have to notify me?

I could not attend the hearing and I did not know what the judgment was.

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

Yes. A constable must physically deliver the writ of possession to you at the premises either by handing it to you in person or by posting it on the main entry door.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I do not own a vehicle yet my apartment community wants to charge me for parking spot. Do i need to pay this?

This is what my lease says about parking, "If renting a parking spot within the Apartment Community, you must complete the Parking Agreement attached hereto as Exhibit F and comply with all applicable parking rules set forth therein. All parking premiums that you agree to under Exhibit F, will... View More

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

The answer to your question depends on the content of any agreement you have signed. From the excerpt contained in your question, it appears that you are only required to complete the Parking Agreement and pay the parking fee "if" you are renting a spot within the Apartment Community.... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I entitled to a refund of my entire security/pet deposit? My landlord is refusing to return it.

I informed my landlord of my forwarding address on 5/8. The disposition letter is dated 6/5, however, the letter was not postmarked until 6/12. That's 36 days. I have pointed out that state law requires tenants to be notified within 30 days and they exceeded that time frame but they still... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

The USPS postmarks mail when it is deposited in the US mail. While it is true they have no control over when it is postmarked, they do have control over when it is deposited in the US mail.

Remember that the mailbox rule has two parts: 1) the sender must deposit it in the mail on or...
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1 Answer | Asked in Family Law and Landlord - Tenant for Texas on
Q: What do I need to do to get someone off my land that has moved in and won't leave
John Michael Frick
John Michael Frick
answered on Jul 3, 2024

File an eviction suit in the justice of the peace court for the county and precinct where the land is located.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Texas on
Q: Can my neighbor forcefully remove a "No Trespassing" sign posted outside of my apartment building? Landlord was notified

My landlord asked if I would purchase the sign and put it up and he would reimburse me. Of course I have no issue with this and did as he requested. This would be the second sign I have purchased and put up because my neighbor keeps taking it down and there has been no other previous issues with... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes, but that may be considered an act of criminal mischief. There is clearly some sort of dispute between your landlord and your neighbor the details of which you are unaware. I recommend that you avoid becoming too involved.

You should report to your landlord that you did as asked,...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my renters refuse to pay rent on the 1st because he paid last months rent. without 30 days notice

My renter was given a 3 day eviction notice June 24th for lease violations. He is dodging Police to serve him . Tomorrow is the 1st of the month for rent and still not moved out. He says he does not have to pay me because he paid his last months rent 4 years ago. THere is no new lease since 2021.... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

It depends on the language of the original lease agreement. At the end of a lease term, if a tenant holds over (remains in possession of the premises), the lease renews on the same terms and conditions stated in the original lease agreement month-to-month.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Tenant living in same house

Tenant living in same house hasn’t paid rent in 2 weeks and has not moved after I gave notice.

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

If you are the Landlord and have given proper written notice as required by law, you can file an eviction lawsuit in justice of the peace court.

0 Answers | Asked in Landlord - Tenant for Texas on
Q: Homeless, and storage unit threw out/destroyed my items without eviction notice. What kind of lawyer can help?

Hello, I have a homeless friend who had her items in a storage unit. She is elderly (70+ years old) and has automatic payments set up. We reviewed her bank statements to be sure she payed on time and in full. They issued no eviction notice but when she was there one day they called police and told... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I feel that my previous landlord is charging my family and I wrongly after we have moved out of the residence.

This is what I said to the landlord:

Good morning, I looked over the statement you send my husband and I. A lot of this doesn’t make sense or add up. There is no way we owe the apartments $2,133.45.

We were on no lease agreements and we left 8/1/2024. The amount here doesn’t... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2024

It would be unusual for someone to refer to someone else as their landlord and to occupy an apartment without a lease agreement of some sort. While it is legally possible to have an oral lease of less than one year, it would be extremely uncommon for an apartment complex to allow someone to occupy... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What to do if landlord breaches your lease?
John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Sue the landlord for breach of the lease seeking whatever damages you sustained as a result of said breach.

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Business owner Dallas Texas commercial Triple nnn lease agreement. What are tenant expense rights.

This is in Dallas Texas. Need a lawyer to look over my commercial lease agreement - agreement is a Triple nnn lease. I want to know my rights as a tenant in respect to the expenses the landlord says I have to pay and also if I have a say in those expenses such as how much I want to pay, to whom is... View More

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

In a typical triple net lease, a commercial tenant pays a pro rata share of the taxes, insurance, and common area maintenance expenses incurred by the landlord typically based on a ratio of the square footage of the space rented by the tenant divided by the total rentable square footage of the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I break my lease if the property manager does not fix air?

I live in Texas and the temperature inside my unit reaches up to 81 degrees whenever the outside temperature is in the 90s. My bedroom is hotter than the rest of the unit and reaches 83 degrees. I have submitted a work order to the office and sent a certified letter with photos of the thermostat. I... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The answer to your question depends heavily on local ordinances and the language of your lease agreement.

People were leasing space to live long before the invention of air conditioning. As a matter of common law and state law, there is no legal requirement that a leased space have working...
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