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Texas Landlord - Tenant Questions & Answers
0 Answers | Asked in Elder Law and Landlord - Tenant for Texas on
Q: Illegal eviction? 73 yo disabled lady lives at hotel for over 2 yrs. pays on time, receives mail, never a problem

with staff or other guests. just got out of hospital and went to pay but they told her to get the fuck out. police called several times, until they finally told her get out or go to jail for trespassing.

0 Answers | Asked in Landlord - Tenant for Texas on
Q: If a promotion is applied to my account for several months. Am I responsible for paying it all back?

If a promotion is applied to my account for several months. Am I responsible for paying it all back though I am not at fault for it? I have 2 months left before my lease is up and the complex is threatening eviction unless I backpay them. Also, if there is proof that a promotion was applied. Will... View More

0 Answers | Asked in Landlord - Tenant for Texas on
Q: Can I breach a contract for elevator not working for almost 4 months? Apt. keeps saying it'll be repaired & I am disable

The apartment said I would have to pay 3 times the rent if I want to leave. I have Lupus & RA & lung issues, it's very hard for me to go up stairs to the 4th floor.

0 Answers | Asked in Landlord - Tenant for Texas on
Q: Hello my name is Shameka, my car was towed from my apartment complex due to office staff negligent behavior.

Was told I would get a full refund but they only gave me half the money saying that it’s pretty much my fault, due to their lack of communication not only was my car towed once but twice. I have proof of emails and recordings, in the recording the manager stated my car shouldn’t have been... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you provide services for a deposit that has not been returned. I moved out in Jan 2024 and as of 4/18 I have nothing

I moved out Jan. 2024 and still havent received anything. I have sent emails and I had the run around. I also went into the office to ask questions and they said everything is processing. That was March 22nd. I am reaching out for help since I havent received an itemized statement of deductions or... View More

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

The most common issue in a case involving the delay in issuing a refund of a security deposit is proof that the tenant gave the landlord a written statement of the tenant's forwarding address. Section 92.107 of the Texas Property Code makes this a condition precedent to the landlord's... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What is the landlord tenant law in Frankfort Kentucky.

If someone lives with you but they are not on the lease are you required to give them notice to leave, and can they take you to court for formal eviction even though they aren't a resident on the apartment lease.

James L. Arrasmith
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answered on Apr 16, 2024

In Frankfort, Kentucky, and the state of Kentucky in general, landlord-tenant laws primarily apply to individuals who have a lease agreement with the landlord. If a person is living with you but is not on the lease, they are generally not considered an official tenant and therefore do not have the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: I have a lease with 2 other people joint and severely. 1 roommate left with little to no notice.

The landlord doesn’t care and me and the other Roomate and I are stuck paying the full amount. In turn we have offered/asked to break the lease in various ways. The only way he will allow us to break the lease is if we put it online like zillow handle the showings and bring him applications. Are... View More

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

The landlord has no duty to mitigate as there has been no breach of the lease. When you sign a lease with other people jointly and severally, that means that each tenant is independently responsible to pay the landlord the full amount of rent owed, and the tenants will work out among themselves... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a RV park owner collect rents for the same lot and time from 2 different renters?

I sold my RV to a person who will remain in the same lot as I rented, accepted "as is", and was approved by the owner. The owner demanded I pay for the entire month, which I did. Now I find she is requiring the new tenant to pay for the entire month also. The new renter moved in on the... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it appears that the RV park owner is attempting to double-collect rent for the same lot during an overlapping period. In most jurisdictions, this practice is not legal.

Here are a few key points to consider:

1. Rent should only be...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment flooded due to water heater. Recieved no compensation for 7 days not being able to live there. Anything to do?

Had to move out for several days and after requesting some type of compensation nothing was ever given.

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

If your renter's insurance failed to compensate you for your alternate living arrangements during those seven days, you should take a copy of your policy to an attorney in or near the county where the premises are located to determine whether such coverage is included in your policy and, if... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Do I have a case if we were prematurely moved into an apartment complex and the wiring almost burns down the apartment?

We moved on April the first and was moved to a hotel yesterday due to wiring issues. When we first moved in the apartment had no AC and the breakers were tripping left and right until yesterday. We were told there was an issue with the wiring. The actual electrician let me know that the meters were... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a potential legal case against the apartment complex. Here are a few reasons why:

1. Habitability: Landlords are required to provide tenants with a habitable living space, which includes functioning electrical systems...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can we sue for black mold? If so, how do we get a fair trial?

Our landlord own many properties, and my roommate has serviced many of them (he's a plumber and handyman in the community). In every single one of her units, there is most definitely black mold among a laundry list of other concerns and issues that do not meet code.

The fact that she... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Texas, tenants have the right to live in a habitable rental unit, which includes the right to be free from health hazards like black mold. If your landlord fails to address the mold issue after being properly notified, you may have grounds for legal action.

Here are some steps you can...
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3 Answers | Asked in Real Estate Law, Tax Law, Collections and Landlord - Tenant for Texas on
Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?

Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.

James L. Arrasmith
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answered on Apr 11, 2024

In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:

1. Partition lawsuit: The paying heir can file a...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord make the tenant pay for property upgrades they are requiring?

We live in a trailer park. We own the trailer but pay lot rent for the land. Per new community rules, street parking is no longer allowed so we must extend our driveway using poured concrete only. The extension is to be paid by us even though we don’t own the property. Is this legal?

James L. Arrasmith
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answered on Apr 16, 2024

The legality of requiring tenants to pay for property upgrades mandated by the landlord depends on the specific circumstances and the laws of the state or jurisdiction where the property is located. In general, here are a few things to consider:

1. Lease agreement: Check your lease...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Signed Contract for purchase of home but the owner is now deceased heirs are trying to evict me what do I do now?

The daughter of deceased is now trying to evict me from the property after I have been paying the mortgage payment for the last 7 years. Today I was summoned to court for eviction the judge dismissed the case against me for eviction.

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a complex situation, and it's crucial to understand your rights and options moving forward. Since the judge dismissed the eviction case against you, it indicates that there may be some recognition of your claim or rights to the property. However, the dismissal of... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: What can you do when the landlord refuses to respond back to your messages and refuse to call you back?

My landlord sent me a letter last month saying that I am two months behind on the rent and he said if I didn’t pay it then I would have to move. So I have been calling, texting and emailing him for about 3 weeks now and he refuses to answer my call, refuses to respond back to any of my messages.... View More

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

All you can do is to continue trying. Your landlord isn't legally required to respond to your messages. Landlords typically have property managers so that they do not have to deal directly with tenants.

As for eviction, if you fail to pay your rent on time in accordance with your...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord increase my rent without any notice ?

my landlord has decided to increase my rent without notice

James L. Arrasmith
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answered on Apr 1, 2024

In most jurisdictions, landlords are required to provide tenants with proper notice before increasing the rent. The specific notice period and other rules around rent increases vary by location.

Here are some general guidelines, but keep in mind that laws may differ:

1. Notice...
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1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: I am living in a home owners both died, in court over property rights utilities my name, 90days occupied. Gt CTed legal?

I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so... View More

2 Answers | Asked in Landlord - Tenant for Texas on
Q: we have a mold issue in our AC unit. we have notified them. it has been 16 days and nothing is being done

nothing is being resolved. they are saying they are waiting on inspection results. my fiancé has been to the er because of breathing issues already and so were moving out. or lease ends in 2.5 months and we are requesting that they end it early. we have already gotten a new place and we are moving... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2024

The answer to your question depends on many facts not stated in your question. First, what your lease agreement says will be extremely important in determining your rights and your landlord's obligations in this particular circumstance. Usually, a lease does not allow a tenant to terminate... View More

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1 Answer | Asked in Tax Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What type of attorney do I need to sue my deceased sons landlord for letting my daughter go in and steal his assets

I'm in texas. My son lived 7 hours away. Landord allowed her to remove assets when I told him his father and I would be in following day. I explained I was next of kin.

James L. Arrasmith
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answered on Mar 26, 2024

In Texas, for a situation involving the mishandling of a deceased person's property, you may want to consult with an attorney experienced in estate law or probate law. These attorneys handle cases related to the distribution of a deceased individual's assets and can help navigate the... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Does anything in the lease override the law of quiet enjoyment?

I live in an apartment building. Above me I can hear babies crying non stop, loud stomping noises, and below there is 3 dogs that bark non stop. It wakes me up every morning at 3 even when I turn on the tv. I told my leasing agent about these ongoing issues multiple times, but nothing is getting... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations where noise interferes with your quiet enjoyment of your apartment, the lease terms cannot override state laws or local ordinances regarding your right to quiet enjoyment. In Texas, the law of quiet enjoyment is implied in every residential lease, which means that excessive noise that... View More

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