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Texas Contracts Questions & Answers
1 Answer | Asked in Contracts for Texas on
Q: I had some work done on my property via a contractor who rented a dumpster. The rental company is now threatening me

They are threatening me with a mechanics lien, can they do this and what does it mean?

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

Yes, a dumpster company can put a lien on your property if it is done in a timely and proper manner under the Texas Property Code.

If you already paid the contractor, you may have a claim against the contractor under the contractor's "all bills paid" affidavit. Check your...
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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 Contracts and Business Law for Texas on
Q: Provided call center services for 24+ months; client now refuses to pay invoices. Can we take legal action to recover $?

Provided call center services to client for 24 months. Now they refuses to pay three invoices totaling $19,181.83. Per our contract, a $200 weekly late fee per invoice has accrued, bringing the current amount owed to $41,581.83. Client also failed to honor a three-month cancellation notice, costing... View More

John Michael Frick
John Michael Frick
answered on Nov 13, 2024

First, seeing a contract alone does not necessarily mean that the other party agreed to its terms. If I receive and read your contract, I will be aware of its terms, but that does not mean that I agreed to them. The lack of a signature indicating assent to the terms is going to be a problem. It... View More

1 Answer | Asked in Contracts for Texas on
Q: do I have to travel to the state that I loaned a girl $200 over cash app when I live in Texas and she lives in Pa.

I have text messages about the loan. can I sue without traveling?

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

It depends on whether the girl has sufficient minimum contacts with the State of Texas such that the exercise of personal jurisdiction over her does not offend traditional notions of fair play and substantial justice. This is the legal "test" that enables a court of one state to exercise... View More

Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

For arbitrations hosted by large entities such as the American Arbitration Association, your matter is probably assigned an Arbitrator and a Case Administrator. The Case Administrator may be able to provide you with guidance regarding location of hearing, scheduling/adjournments, format for... View More

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Q: I need help with an arbitration hearing i have no clue on what is needed nor required nor steps of processes or laws

missclassification, breach of contract, fraud, unpaid wages this is for Dallas, Texas

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

An arbitration proceeding is very much like a trial. If you have no clue on what is needed, it is extremely important that you hire a competent attorney with experience in arbitration proceedings to represent you to present your evidence, witnesses, and arguments in a persuasive manner and in... View More

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1 Answer | Asked in Contracts, Family Law and Real Estate Law for Texas on
Q: How can I get a Power of attorney document ?
James Clifton
PREMIUM
James Clifton
answered on Oct 30, 2024

If you are looking for a statutory durable power of attorney for finances or a medical power of attorney, you can access them through the Texas Department of Health and Human Services website. If you need a specific power of attorney for the sale or purchase of real estate, that will need to be... View More

1 Answer | Asked in Civil Litigation, Contracts and Energy, Oil and Gas for Texas on
Q: I purchased solar panels through Pink Energy aka Power Home solar in October 2021. I financed the panels and Generac

battery through Good leap for 44K. I have since filed a complaint with the BBB and called to resolve this issue on non working Solar panels with Good leap. My account has been placed in forebearance. I need help with this issue.

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

Good Leap is a finance company. Typically, finance companies do not handle repairs to products like solar panels or automobiles. Think of your solar panels like they are your car. If your car isn't working, you go to the dealership that sold you the car for warranty repairs, not to the bank... View More

1 Answer | Asked in Contracts for Texas on
Q: Can Medicaid take a home I am buying from an elderly family member with a signed contract

I am buying an elderly family member's home who is about to be put in a nursing home. Can medicaid override the signed contract I have with them and take my home?

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

You need advice from an attorney regarding the Medicaid Estate Recovery Program.

https://www.hhs.texas.gov/regulations/legal-information/your-guide-medicaid-estate-recovery-program...
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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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1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Contracts for Texas on
Q: Seeking legal advice to break roofing contract due to insurance discrepancy and the company's lack of communication.

I signed a contract with a roofing company in April 2024, which requires me to use their services or pay a 35% penalty if I cancel. The contract lists Farmers Insurance as the insurer they would file a claim with, but the roofing company was actually paid by Lemonade Insurance (my previous policy).... View More

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

It is unlikely that the discrepancy in the name of the insurance company renders the contracts void.

Ordinarily, in the absence of an express agreement to the contrary, a contractor has a reasonable time period to perform its work. If it's been three months with no contact, I...
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1 Answer | Asked in Contracts for Texas on
Q: If my apartment is wrongfully charging me for things I can prove are false, what can I do?

We have to give a 60 day notice, which they send out an email stating to reply to the email with said information. The information was confirmed and sent within that timely manner. I had and was allowed to have a ESA. The ESA was only allowed in one carpeted room. It was a room roughly 9x9. The... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

You can file a lawsuit for declaratory judgment that you do not owe those amounts. Obviously, lawsuits generally cost more money than $1844, so you will have to make a financial decision how badly this unpaid bill is affecting your credit.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More

John Michael Frick
John Michael Frick
answered on Aug 21, 2024

Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More

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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I have a question regarding a lease agreement. This agreement is for a property in Allen, TX.

There are three partners (LLC) and a rift has developed between them. Two partners wanted to buy out the third (P3) but have first given P3 the opportunity to buy them out.

All three partners, along with their spouses, were required to sign to be individually responsible for the entire term... View More

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

It depends on the language of the Lease and of the Guaranties signed by the individual members.

It is not uncommon for a landlord to require each individual member of an LLC to personally guaranty a lease to the LLC if the LLC does not have established credit. Some leases provide that...
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1 Answer | Asked in Contracts and Animal / Dog Law for Texas on
Q: Does something signed on my behalf while I was a minor effectively become mine when I turn 18?

My parents purachsed a horse for me when I was a child. Even though the horse is in my name, do I own it now that I am an adult, or do they since they signed on my behalf?

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

Texas does not generally prohibit minors from owning property. There are certain specific things (tobacco, alcohol, etc.) that a minor is prohibited from buying and owning, but a horse is not one of those things.

The horse has been yours since it was purchased for you in your name.

1 Answer | Asked in Contracts and Civil Litigation for Texas on
Q: Storage facility not wanted to pay insurance claim

My storage building caught on fire I was behind on my payment I called for a payment arrangement they gave me til the first mean time my storage building caught on fire and the storage facility refuses to pay my claim statrng I didn't have coverage at time . Amarillo Texas

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

Generally SELF-storage companies are not liable for any loss or damage to property stored by their customers in the customer's self-storage units simply by virtue of the relationship. A self-storage company can be liable if the customer can prove the company either intentionally or... View More

1 Answer | Asked in Contracts, Civil Litigation and Employment Law for Texas on
Q: Can an employer force an employee to sign a document that gives the employer the right to not pay any commission due?

I am a sales rep and my employer is requiring us to sign a paper stating that any commissions earned from prior month will not be paid out if employee quits or gets fired for any reason the proceeding month. It is my opinion that any sales made in prior month where the company made money the... View More

John Michael Frick
John Michael Frick
answered on Jul 29, 2024

No an employer cannot force an employee to sign such a document. However, if the employment relationship is at-will, there is no legal obligation on either party to continue the employment relationship if an agreement on this point is not reached.

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: I’m a professor who just accepted a position at another university. I took sabbatical and have only completed one year.

The faculty manuel says the following:

“Should a faculty member on sabbatical decide not to return to the university, the pay advanced during the sabbatical will be due on demand to the university, except in the case of permanent disability or death. At the conclusion of the sabbatical,... View More

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

If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single... View More

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